For further development of a "reasonable
physician" standard of care,
see Leonard J. Nelson, Helling v. Carey Revisited: Physician Liability
in Age of Managed Care, 25 Seattle U. L. Rev. 775 (2002); Ben A.
Rich, Medical Custom and Medical Ethics: Rethinking the Standard of
Care, 14 Cambridge Q. Healthcare Ethics 27 (2005).
Regarding liability in research studies, see Comment, 78 Wash. L. Rev. 229 (2003).
On punitive damages, see Robert Shaw, Punitive damages in
malpractice: an economic evaluation. 81 N.C. L. Rev. 2371-2418
In a rare decision, one court reduced from $5 million to $2 million a
award against a nursing home for the death of a patient, finding that
was no evidence of recklessness, and that the amount was 10 times the
damage and several times the defendant's net worth. Stogsdill v.
Healthmark Partners, ___ F.3d ___ 2004 WL 1636426 (8th Cir. July 23,