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Medical Malpractice Law & Strategy

May 2009

Exercise of Medical Judgment or Deviation from the Standard of Care?

By Douglas M. Singleterry and Gary Riveles

In a handful of states, a doctrine known as the "medical judgment rule" establishes a distinction between the legitimate exercise of medical judgment and a deviation from the accepted standard of care on the part of a physician. In New Jersey, the medical judgment rule is set out in Model Jury Charge 5.50G. This article provides a look at medical judgment and standard of care as outlined in the rule.

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