1. The doctrine that, in a professional-malpractice suit, the standard of care to be applied to the professional’s conduct is the reasonable care exercised by similar professionals in the same vicinity and professional community. [Cases: Health 620.]
“With respect to medical doctors (and sometimes dentists and others), the standard of care has been further limited by the so-called ‘locality rule.’ A physician historically was required only to possess and apply the knowledge and use the skill and care that is ordinarily used by reasonably well-qualified physicians in the locality in which he practices, or, usually, in ‘similar localities.’ This frequently made it difficult or impossible for a plaintiff to prove the applicable standard since other doctors in the same locality are notoriously reluctant to testify against their professional colleagues. However, with the advent of improved communication and continuing medical education, the reason for the rule has abated, and today the trend is toward its abolition.” Edward J. Kionka, Torts in a Nutshell 270–71 (2d ed. 1992).
2. The doctrine that, in determining the appropriate amount of attorney’s fees to be awarded in a suit, the proper basis is the rate charged by similar attorneys for similar work in the vicinity. [Cases: Costs 194.18; Federal Civil Procedure 2737.
4. C.J.S. Costs § 132.]
