Theresa Brune & another v. Stanton Belinkoff, 354 Mass. 102

Summary

The trial evidence indicated that the patient's numbness in her left leg resulted from an excessive drug dosage given by the doctor anesthesiologist. The major issue on appeal was the standard of care. The court rejected the established locality rule that held the doctor in a small city to the skill of a doctor of ordinary ability and skill. The court reasoned that the distinctions based on geography were no longer valid in view of developments in communication and education that promoted a degree of standardization within the profession. The court adopted the rule that the general practitioner or specialist was held to the standard of care and skill of the average member of the profession practicing the speciality, taking into account the advances in the profession and considering the accessible medical resources The instructions allowed the jury to judge the doctor's conduct against a now incorrect standard, and the trial court's refusal of the request was proper. The trial court ...