Next Generation Bar Exam Quiz
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Dr. Ortiz, an orthopedic surgeon, treated a patient's wrist fracture with a cast rather than surgery. About 70 percent of orthopedic surgeons would have operated on that fracture, but about 30 percent, including faculty at several leading teaching hospitals, prefer casting for such fractures, and the medical literature supports both approaches. Dr. Ortiz applied the cast properly and monitored the patient appropriately, but the wrist healed poorly. The patient's expert testified that surgery probably would have produced a better result. The jurisdiction applies this rule: a physician must use the skill and care of a reasonable practitioner in the same field; where there are two or more recognized methods of treatment, each accepted by a respectable segment of the profession, a physician who uses one of them with due care is not negligent merely because others would have chosen a different method.
Is Dr. Ortiz liable for malpractice?
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