Morrison v. MacNamara – Case Brief
Morrison v. MacNamara, 407 A.2d 555 (D.C. 1979).
Facts: MacNamara (D) administered to Morrison (P) a urethral smear test for a urinary tract infection. Morrison stood while MacNamara performed the invasive test. Morrison suffered an adverse reaction and fainted, striking his head on a metal stand. Morrison suffered injuries including the loss of his sense of smell and taste.
P sued D for negligence. At trial, P offered expert witness testimony to show that the national standard of care required a doctor to have the patient sit or lie down during the smear test. D was a nationally certified medical laboratory and held itself out to the public as such an entity. D countered by presenting evidence that locally such tests were administered while the patient was standing.
The trial court refused P’s testimony on the grounds that an expert witness must proffer evidence of the standard of care in the same community as the defendant. The court allowed expert testimony offered by D from local doctors that testified that the test was always administered with the patient standing. P appealed.
Issue: What is the standard of care for the medical field, particularly for heath care professionals certified through a national board on national standards of care?
Holding and Rule (Newman): The standard of care for the medical field is a national standard of care, particularly for heath care professionals certified through a national board on national standards of care.
The locality rule holds that the conduct of members of the medical profession is to be measured by the standard of conduct expected of other members of the medical profession in the same locality or community. The court held that the application of the local community standard was becoming obsolete and that medical education had been standardized throughout the United States. Advances in transportation and communication had virtually eliminated any isolation that justified the local community standard.
Disposition: Reversed.