Not guilty – the case against Patricia Duletsky comes to an end

This was discussed a few weeks ago. An interesting observation:

Brown argued that by agreeing to treat Martens, Duletsky was held to the same standard of care as an obstetrician or an infectious disease doctor.

Meanwhile, the defense concentrated on showing that as a family practice physician, Duletsky acted as she is trained. She called in a specialist, an obstetrician in this case, when she received MartensÂ’ blood test results back that showed an elevated white blood cell count, which can also be a sign of a bacterial infection.

I’m not sure that it’s fair to argue that a generalist should be held to the same standard of care as a specialist. If so, then it furthers the case for defensive medicine – might as well protect yourself and refer out than to risk a lawsuit. Fortunately, the jury didn’t see it this way.