Duties
The Natural History of a Lawsuit
CIVJIG 80.10 Duty of Doctor, Dentist
Standards of professional practice
A doctor must use the same degree of skill and learning that a doctor would use:
1. Who is in good standing, and
2. Who is in a similar practice, and
3. In similar circumstances.
A doctor must use reasonable care when applying that skill and learning in diagnosing and or treating patients.
Failure of a treatment
A doctor is not negligent simply because (his) (her) efforts are unsuccessful.
The failure of a treatment is not negligence if the treatment was an accepted treatment, based on the information the doctor had, or should reasonably have had, when the choice was made.
A doctor must use reasonable care to get the information needed to exercise his or her professional judgment. An unsuccessful treatment chosen because a doctor did not use this reasonable care would be negligence.
The
University of Minnesota is an equal opportunity educator and employer
© 2001 School of Medicine Duluth
for more information:
bateman@halversonwatters.com
Halverson,
Watters, Downs, Reyelts & Bateman
webmaster: mpollock@d.umn.edu
Miranda Pollock