Chapter 4.B.1 -- The Custom-Based Standard of Care

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 medical malpractice: an economic evaluation. 81 N.C. L. Rev. 2371-2418 (2003).  In a rare decision, one court reduced from $5 million to $2 million a punitive award against a nursing home for the death of a patient, finding that there was no evidence of recklessness, and that the amount was 10 times the compensatory damage and several times the defendant's net worth.  Stogsdill v. Healthmark Partners, ___ F.3d ___ 2004 WL 1636426 (8th Cir. July 23, 2004).