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Medical Standard of Care Jurisprudence as Evolutionary Process: Implications Under Managed Care
Markowitz, Charles
Markowitz, Charles
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Abstract
Medical malpractice lawsuits are by far the most numerous of the professional negligence cases. Accordingly, the health care community may serve as a paradigm for professional standards of care. But in the era of "managed health care," does modem medical practice truly comport with the long standing tradition of a professional standard of care privilege? This Article explores the jurisprudential evolution of this standard and endeavors to conceptualize the potential impact of managed care.