Medical professionals and the erosion of the "ordinary" practitioner standard

In torts law, the standard of care in negligence is the objective standard of the "ordinary" or "reasonable" person exercising that skill not the most experienced or qualified. This article examines the standard of care applying to medical professionals who have greater knowledge, experience and skills than the "ordinary" or "averagely" competent member of the profession. It argues that the "ordinary practitioner" rule has been seriously eroded through adapting the standard of care to every narrowing field of medical expertise, or as part of the circumstances relevant to determining negligence, or in determining whether the practitioner has the required competency to perform procedures requiring special skills. Although corrective justice and outcome responsibility theories might support the strict application of the objective standard, these approaches do not accord with how courts apply the law in practice