Malpractice
- Every
person who enters into a learned profession undertakes to bring to the
exercise of his profession a reasonable degree of care and skill. He does
not undertake to use the highest possible degree of skill, for there may
be persons who, for having enjoyed a better education and greater
advantages, are possessed of greater skill in their profession; but he
undertakes that he will bring a fair, reasonable, and competent degree of
skill…He is not responsible for an error in judgment…if such error arises
from the peculiar circumstance of the case, and not from the want of
proper care or competent skill on his part.
- Nearly
a half–century later, a state of New York appeals court issued an opinion
as to what constitutes the standard of care of a medical physician.
Although the lawsuit did not involve radiology, the court decision could
have well applied to radiologic interpretation
- The
law requires a physician to possess the skill and learning which is
possessed by the average member of the medical profession…and to apply
that skill and learning with ordinary reasonable care. He is not liable
for a mere error in judgment, provided he does what he thinks is best
after a careful examination. He does not guarantee a good result.
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