Law & Medicine

Law & Medicine: Locality rule


 

References

Although the majority of jurisdictions have abandoned the locality rule, several continue to adhere to either a strict or modified version.4 Examples are Arizona, Idaho, New York, Tennessee, Virginia, and Washington. A modified rule exists in Louisiana, which holds general practitioners to a community standard and specialists to a national standard.

Finally, many authors have recommended a narrowly constructed rule based not on geographic boundaries, but on the availability of local resources. Courts would then look at the totality of circumstances, but remember that there is always the duty to refer or transfer to an available specialist/facility – and that the failure to do so may form the basis of liability.

As one physician put it: Location should not come into play with respect to the knowledge or skill of the treating physician; and even if a physician may not have the facilities to perform an emergency cesarean section, he or she should still know when it’s called for.

References

1. Small v. Howard, 128 Mass 131 (1880).

2. Swink v. Weintraub, 672 S.E.2d 53 (N.C. Court of Appeals 2009).

3. JAMA. 2004 Jan 7;291(1):15-6.

4. JAMA. 2007 Jun 20;297(23):2633-7.

Dr. Tan is professor emeritus of medicine and former adjunct professor of law at the University of Hawaii, and currently directs the St. Francis International Center for Healthcare Ethics in Honolulu. This article is meant to be educational and does not constitute medical, ethical, or legal advice. Some of the articles in this series are adapted from the author’s 2006 book, “Medical Malpractice: Understanding the Law, Managing the Risk,” and his 2012 Halsbury treatise, “Medical Negligence and Professional Misconduct.” For additional information, readers may contact the author at siang@hawaii.edu.

Pages

Recommended Reading

Supreme Court case could expand false claims liability
MDedge Psychiatry
VIDEO: Value-based care 101
MDedge Psychiatry
VIDEO: Secrets of success in a MACRA-based world
MDedge Psychiatry
Mental health care delivery emerges as top concern for internists
MDedge Psychiatry
CMS: MACRA impact on small/solo practices not as dramatic as predicted in regs
MDedge Psychiatry
DACA: High Court ruling could squash dreams of becoming a doctor
MDedge Psychiatry
Mastering MACRA: How to thrive under new payment models
MDedge Psychiatry
The elephant in the room: Health care for the working poor
MDedge Psychiatry
Mental health workers urged to guard against the possibility of patient violence
MDedge Psychiatry
Greater focus on therapeutic relationship could improve VAMC outcomes
MDedge Psychiatry