Many states are trying to carve out malpractice caps and different standards of care for emergency room doctors in medical malpractice cases.
The thinking starts out okay. Emergency department doctors should be given the benefit of the doubt because things are happening so quickly. But ER doctors are always getting the benefit of the doubt from jurors. There is statistical evidence of this.
More importantly, the standard of care already bakes in the fact that things are sometimes happening at the speed of light in the ER. That is why reasonableness is always based on all the facts and circumstances. Continue reading