Week 7 Definitions Worksheet Answers.docx - Torts I Black Letter Law for Week 7 1 What is the malpractice standard of care How does it differ from the

Week 7 Definitions Worksheet Answers.docx - Torts I Black...

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Torts I Black Letter Law for Week 7 1. What is the malpractice standard of care? How does it differ from the ordinary standard The professional's standard of care is not what reasonable care or the reasonably prudent person would do but instead what minimally competent professionals in the same field customarily do. Custom controls, not reasonableness. 2. How must a party prove the standard of care? Does the law recognize any exceptions? The professional's standard of care requires a similarly qualified expert's testimony except in the rare case of obvious breach. 3. What qualifies an expert to establish the standard of care? An expert witness must know the standard of care and may have to possess the same licensure and engage in similar clinical practice. The law may require an expert testifying in a malpractice case to show knowledge of practice in the same or similar locale except as to defendant specialists who have a national standard.
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