The Ultra (And Nearly Ultra) Locality Rules Persist! Why Continue to Ignore Modern Medicine and Contort the Standard of Care?

Ginsberg, Marc D.

Journal: Journal of Law and Health

Volume: 38

First Page: 196

Year: 2025

Bluebook Citation: 38 J. L. & HEALTH 196 (2025)

Author: Marc D. Ginsberg: all 19 publications


Abstract

The use of the locality rule to define or modify the medical standard of care is inconsistent with modern medicine. Nevertheless, various states in the U.S. continue to adhere to a locality rule. This paper revisits this topic, about which I have previously written, by focusing on Idaho, Nebraska, Tennessee and Arkansas. The paper concludes by suggesting that locality rules should be eliminated in favor of a national standard of care.

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