Quote:
Originally Posted by jillio
Yes, protocols do change over time, and when it is discovered that there is a procedure that caqn reduce the risk, then it becomes standard protocol.
|
If only it were that simple. It isn't. It can take years before protocols change, and university hospitals (where over 1/2 of implants take place) are even more hierarchical and inflexible on this than small clinics.
Quote:
Originally Posted by jillio
Likewise,the implant surgeon who fails to insure that a patient has been vaccinated, and that patient later contracts bacterial memingitis as a result, the surgeon is resposnible under the same premise of expertise.
|
Again, a total oversimplification. Even when the standard of care is raised due to expertise, a plaintiff would still has to prove proximate cause and actual cause for a negligence case.