February 19, 2016

Morrison v. MacNamara | Case Brief Urinary Tract - 407 A.2d 555, 1979 D.C. App. (D.C. 1979)

FACTS: Plaintiff was being treated for a urinary tract infection and had a procedure done where he was standing up and not sitting down.  During the procedure he passed out and hit his head on something when he fell and lost his sense of smell and taste.

HISTORY: Trial court held expert testimony must come from same community as the Defendant practices in.

ISSUE: Should it be based on the national standard or local standard of care?

HOLDING: National

RATIONALE: The locality rule was designed to protect doctors in rural areas who might not have access to the latest techniques.  However, this doctor was urban.  In sum, the old local rule does not apply today.  Medical practices with national certification are to be held to national standards.