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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102143
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Wondering what federal laws guide the practice of medicine

Customer Question

Hi wondering what federal laws guide the practice of medicine and its Standard of Care?
JA: What state are you in? It matters because laws vary by location.
Customer: Im in Montana. Are there no federal laws/Only State laws?
JA: Has anything been filed or reported?
Customer: No.... this is not a case. Its a question
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of
Submitted: 8 months ago.
Category: Legal
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

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.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 8 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!