My favorite football coach is famous for his mantra: “The standard is the standard”. In court, however, proving negligence often depends upon establishing a “standard of care” that may be vague. In medical malpractice cases, expert witnesses often testify to a national minimum standard 0f care that applies in all communities. In this interesting Florida case against a tire repair shop, the appellate court considered the application of a med mal precedent to a situation where evidence of the “standard of care” was a little more vague. Trial lawyers with experience know that this is more than just a theoretical problem – cases can be prepared to minimize if not eliminate the issue.

In Friday’s opinion, the panel for the Fifth District Court of Appeal wrote that Moyer — which concerned a medical malpractice wrongful death suit — may have found that testimony of internal policies could be admissible, but that such evidence “does not conclusively establish” a standard of care.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1740726?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-11-06&read_main=1&nlsidx=0&nlaidx=13?copied=1