Under a national standard the defendant is compared to reasonably competent practitioners in the same specialty regardless of geography. Most states apply it, particularly for board-certified specialists.
Resource availability may still be considered.
Alternative Names:
National Standard, Uniform Standard of Care
Why it Matters?
Resource availability remains relevant even under a national standard, since a rural facility without immediate access to subspecialty consultation or advanced imaging is not held to what a tertiary center could provide. Framing the defense around available resources rather than local custom is what preserves that argument in national standard jurisdictions. Transfer decisions are the recurring context.
Frequently Confused with
Related terms
Frequently asked questions
Does a national standard ignore local resources?
What is the recurring context?
