Wednesday, 1 August 2012

Wisconsin appellate court stated



Perfection is a standard to which no profession can possibly adhere. Doctors are required to exercise reasonable care; they are not required to be perfect.
  • In order to establish medical malpractice, it must be shown by a preponderance of evidence that the injury complained of by the patient was caused by the doing of some particular thing that a physician of ordinary skill, care, and diligence would not have done under like or similar conditions or circumstances, or by the failure or omission to do some particular thing that such a physician would have done under like or similar conditions or circumstances…The standard of care for the physician…should be that of a reasonable doctor.
  • Illinois Supreme Court refined its opinions about standard of care which in common law is generally understood to mean a measure or rule against which a defendant’s conduct is to be measured.
  • The established standard of care for all professionals is stated as use of the same degree of knowledge, skill, and ability as an ordinarily careful professional would exercise under similar circumstances.

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