It is well settled that a physician must perform within the standard of care and skill ordinarily exercised in similar situations by the average practitioner specializing in the same field.
Exercise of Medical Judgment or Deviation from the Standard of Care?
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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