Also known as: respectable minority doctrine · respectable minority rule · minority rule
Written by attorneys · grounded in primary & secondary sources — see below
A defense to medical malpractice liability that shields a physician who follows a treatment approach endorsed by a reasonable and prudent minority of the medical profession. The defense recognizes that legitimate disagreement exists within medical specialties about optimal methods. A physician satisfies the standard of care by selecting a mode of treatment that a respectable minority of practitioners would also choose under the same circumstances.
Dr. Ricardo Rojas performed spinal fusion using an older technique that a small but respected group of orthopedic surgeons still preferred. The patient suffered nerve damage and sued, claiming the newer method was standard. Because the older technique remained accepted by a respectable minority of specialists, Dr. Rojas avoided liability.
Dr. Rosalind Reed treated a cancer patient with a lower-dose chemotherapy protocol favored by a minority of oncologists who prioritized quality of life. When the tumor progressed, the family alleged negligence. The respectable-minority defense protected Dr. Reed because the chosen regimen was one a reasonable and prudent minority of physicians would have selected.
Select any source to read its text and confirm it supports the definition.
The physician must demonstrate that the chosen treatment is one a reasonable and prudent member of the medical profession would undertake under the same circumstances. The defense applies when the approach is endorsed by a respectable minority within the relevant specialty.
Supporting sources
No. The defense exists precisely because courts recognize that medical specialties contain legitimate disagreement. A physician need only show that the chosen method would be selected by a reasonable and prudent minority of practitioners.
Supporting sources
The two labels describe the same defense. Both protect a physician who selects a treatment endorsed by a reasonable and prudent minority of the profession when multiple acceptable approaches exist.
Supporting sources