Maryland Mass. Michigan Minnesota Miss. Missouri Montana Nebraska Nevada New Hamp. New York N. Carolina N. Dakota Ohio Oklahoma Oregon Penn. The standard of care is generally regarded to be what a reasonable and prudent practitioner would do under the same or similar circumstances.
Standards of care exist for every medical specialty.
Bad outcome with legal recourse results when a practitioner fails to deliver the standard of care as defined above which results in serious injury and significant damages. Bad outcome with no legal recourse occurs when in spite of the best possible care under the established standards, a patient may suffer serious injury and damages. In other words, medicine is not an exact science and bad outcome can happen with no negligence. It is entirely possible a peer committee can reprimand a doctor or require he get further education in a procedure if a complaint is filed and found to be valid. It may not necessarily result in loss of license unless he has grossly violated the standard and injured several patients.