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A movement is slowly building to abolish century-old medical malpractice laws that judge a doctors' performance by the medical standards existing in his or her community. Those laws, known as 'locality rules,' are still on the books in 21 states. They were originally designed to protect rural doctors who lacked access to medicines and training available in big cities. But plaintiffs' lawyers, courts, medical professionals and a handful of legislators are calling for the laws' demise, arguing that in the present day, all doctors ' regardless of where they live and practice ' have equal access to quality training and the latest medicines, and should therefore be held to the same standards.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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