Departure From Accepted Standards: Navigating the Hindsight Rule
The rule prohibiting hindsight in medical malpractice actions is often the subject of misapplication and misuse. In their Medical Malpractice column, Thomas Moore and Matthew Gaier clear things up by distinguishing the type of subsequent evidence that is prohibited as impermissible hindsight from admissible deductions based on circumstantial evidence.
April 04, 2022 at 12:00 PM
12 minute read
Medical MalpracticeThere is a familiar refrain commonly heard in medical malpractice actions that a departure from the standards of accepted medical practice may not be established based upon hindsight. This is simply another way of stating that the determination of whether a physician was negligent must be based upon the circumstances that existed at the time of the subject care or treatment. However, the rule prohibiting hindsight is often the subject of misapplication and misuse.
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