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Published on: June 2, 2013
Measure for measure
1Department of Ophthalmology, Wright University School of Medicine, Dayton, Ohio 45429-3487, USA.
Survey of Ophthalmology
|February 10, 2000
Summary
Medical expert witnesses should not hold physicians to an unreasonable standard of care. The standard should reflect what a reasonable minority of peers practice under similar circumstances, as illustrated by Shakespeare.
Area of Science:
- Medical Law
- Forensic Medicine
- Legal Medicine
Background:
- The standard of care in medical malpractice cases is crucial for expert witness testimony.
- Shakespeare's "Measure for Measure" offers a relevant analogy for legal standards.
Observation:
- Medical expert witnesses may inadvertently present an overly stringent standard of care.
- The "reasonable minority" standard is a key legal concept in assessing physician conduct.
Findings:
- Expert testimony must align with the accepted practice of a reasonable minority of physicians in similar situations.
- Two case examples illustrate the application and misapplication of this standard.
Implications:
- Ensuring accurate and fair expert witness testimony is vital for the justice system.
- This principle protects physicians from being held to unattainable standards in malpractice litigation.
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