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Medical malpractice is a state matter, and state standards apply. There are no federal statutory guidelines for medical practice. Even if the suit is in federal court, it utilizes the standard of the state where the federal court is located.
For medical malpractice (assuming that this is what this is for), it must "be shown that the doctor negligently departed from this recognized standard in his treatment of the plaintiff." Stallcup v. Coscarart, 282 P. 2d 791 - Ariz: Supreme Court 1955.
"* * * `The law has never held a physician or surgeon liable for every untoward result which may occur in medical practice. It requires only that he shall have the degree of learning and skill ordinarily possessed by physicians of good standing practicing in the same locality and that he shall use ordinary care and diligence in applying that learning and skill to the treatment of his patients. (Citation). Whether he has done so in a particular case is a question for experts and can be established only by their testimony. (Citations) * * *.'"
However, whether or not the physician actually dipped below the standard? That is up for the Judge or Jury to decide on a case by case basis.
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