Re: One-Hour Fetus Photo

From: DoctorJoe@aol.com
Sun Sep 8 19:05:36 2002


In a message dated 9/8/02 18:47:05, marilyn.ringstaff@medispecialty.com writes:

> **If there are no standards, then there can be no liability for
> substandard care.  **
>
> LOL- this quote is great, I put the above in my list of quotable quotes.
> .  Not having read Mohr’s whole article, I would doubt he is advocating
> abandoning standards.  It seems though ACOG argues we have no
> “standards”- guidelines say: “This document provides risk management
> information that is current as of the date issued and is subject to
> change.  This document does not define standard of care nor should it be
> interpreted as legal advice.”
>

Exactly. From a legal standpoint, if there are no professional standards, then you're only legally liable for "ordinary" duty of due care - no professional "malpractice" if professional "practice" has not been defined.

ACOG is, of course, always trying to set "standards" or protocols to tell doctors how to practice, but they don't want them to be interpretable by LAWYERS as to what the "standard" should be. It's a fine line to walk, and the closer to the edge of the envelope you get, the more likely you are to get a paper cut. Right?

Joe P.

P.S. Mohr's article was an historical treatment of the problem. He wasn't actually advocating one way or the other... He certainly didn't say we should abandon standards.




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