Written by attorneys · grounded in primary & secondary sources — see below
A geographic or situational benchmark for measuring the skill and knowledge expected of a professional in negligence actions. It requires that a person rendering professional services exercise the level of competence normally displayed by members of that profession who practice in good standing under comparable conditions.
Sources & Authorities
How it applies
Common Examples
2
Rural Physician Chemotherapy Management
Sophia Singh, a family physician at a small rural clinic, agreed to oversee a cancer patient's complex chemotherapy after the local oncologist retired. She failed to check for known drug interactions that competent physicians in comparable rural settings routinely monitor. The patient suffered severe complications and sued Singh for malpractice. A jury measured her conduct against the skill normally exercised by physicians in good standing in similar communities.
Expert Testimony on Local Standard
Sylvia Santos sued Dr. Hess for malpractice after complications from a procedure performed in Rantoul, Illinois. Her expert, Dr. Matviuw, submitted an affidavit stating the care fell below the standard in Rantoul or similar communities. Dr. Hess moved for summary judgment, arguing the affidavit failed to establish familiarity with the applicable benchmark. The court evaluated whether the expert's knowledge of practice in comparable communities created a genuine issue of material fact.
Put it into practice
Test Yourself
10
Practice Questions5
· 2 sources
Select any source to read its text and confirm it supports the definition.
How does the similar-communities benchmark affect a general practitioner handling specialized work?+
A general practitioner who undertakes specialized tasks must still meet the skill and knowledge normally possessed by members of the profession in good standing in similar communities. The benchmark accounts for the setting in which the professional practices rather than lowering the standard because of the practitioner's own limited expertise.
Supporting sources
Does the similar-communities test require an expert witness to practice in the exact same town as the defendant?+
No. An expert may testify if familiar with the standard in the defendant's community or in a similar community. Courts accept testimony that compares the care rendered to the level normally exercised by professionals in comparable settings.
Supporting sources
Can a professional escape liability by claiming personal belief that the care was adequate?+
No. The standard is objective and measured against what competent members of the profession normally do in similar communities. A defendant's subjective view of appropriateness does not satisfy or lower the required level of skill and knowledge.
Supporting sources
How does the similar-communities language accommodate rural versus urban practice settings?+
The language permits the factfinder to consider the resources, patient volume, and customary practices typical of comparable communities. It prevents automatic imposition of urban-specialist standards on rural generalists while still requiring the level of care normally exercised by peers in like settings.
Supporting sources
TortsNegligence · Standard of careNEXTGENFoundational