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Consequently, it follows that such guidelines would help in establishing a legal standard of care in the treatment of elderly and terminally ill patients suffering from intractable pain.
For patients deciding whether to participate in a clinical trial, it is important to know what phase of study the drug is in and whether those who are assigned to the control arm will receive a placebo or standard of care.
The trial judge noted that the plaintiffs' attorney never asserted disagreement with the contention that their expert failed to properly define the applicable standard of care before the trial court granted the defendants' motion to dismiss the plaintiffs' case.
In April 2002, the board chastised Lustgarten for unprofessional conduct, for "invented facts" and for misstating the standard of care multiple times in the Hardin case.
However, the court noted that the Michigan Supreme Court has held that the standard of care for a general practictioner is a local standard of care while the standard of care for a specialist is a national standard.
The normal method of proving professional negligence and the one usually required, is to establish by expert testimony the appropriate standard of care and prove its breach.
Coverage policies are extremely difficult to alter once something is considered a standard of care, even if the standard is unsubstantiated by outcomes studies in the medical literature.
When medical malpractice cases raise a question of whether or not incorrect or inadequate care was rendered to a patient, the plaintiff will ordinarily proceed by attempting to demonstrate that the appropriate standard of care was not met.

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