The Locality Rule Lives! Why? Using Modern Medicine to Eradicate an 'Unhealthy' Law

Abstract

Despite predictions and proclamations of its demise, the locality rule – applying a geographical dimension to the professional medical standard of care – lives on in a minority of states. This paper proposes a recipe for the eradication of the locality rule through an examination of locality rule jurisprudence and modern medicine – undergraduate medical education, graduate medical education, state medical licensure, board certification, continuing medical education and practice guidelines.

Keywords: evidence, torts, medicine, law & medicine, standard of care, locality rule