Re: If an ER patient is Not Sick, are we still supposed to treat? Originally Posted by mwboswell 
"Standard of care" is defined by experts, professionals, professional organizations, educational entities and peer leaders.
"Expectation of care" is defined by the public at large and what they perceive as what should be done - the public (nor the jury) sets the standard. The jury may subcumb to it at the hands of a skillful prosecution or defence, but precedence is NOT set in the courtroom which establishes "standard of care"...some lawyers may tell you that it does, but it does't.... the experts (et al) set and re-establish the standard during each testimony.
PS: you still haven't given me any citations or references for your statements...
If you want a specific citation to an article that says the standard of care is what people say it is, then I can't give you one. I'm not saying a person will certainly win, I'm saying that they can make the argument. Under what I understand of tort law, the plaintiff has to show that the defendant fell below the standard of care, and the plaintiff can use current practices and call witnesses to testify as to what the standard of care is.
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