The Ultra (And Nearly Ultra) Locality Rules Persist! Why Continue To Ignore Modern Medicine and Contort The Standard of Care?

54 Pages Posted: 9 Jul 2024

See all articles by Marc Ginsberg

Marc Ginsberg

University of Illinois at Chicago - UIC School of Law

Date Written: June 24, 2024

Abstract

The use of the locality rule to define or modify the medical standard of care is inconsistent with modern medicine.  Nevertheless, various states in the U.S. continue to adhere to a locality rule.  This paper revisits this topic, about which I have previously written, by focusing on Idaho, Nebraska, Tennessee and Arkansas.  The paper concludes by suggesting that locality rules should be eliminated in favor of a national standard of care.

Suggested Citation

Ginsberg, Marc, The Ultra (And Nearly Ultra) Locality Rules Persist! Why Continue To Ignore Modern Medicine and Contort The Standard of Care? (June 24, 2024). Available at SSRN: https://ssrn.com/abstract=4874917 or http://dx.doi.org/10.2139/ssrn.4874917

Marc Ginsberg (Contact Author)

University of Illinois at Chicago - UIC School of Law ( email )

IL

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