The following principles can be considered in determining whether a medical practitioner has complied with medical standards and exercised due diligence:
(1) The law of "medical judgment"
The so-called law of "medical judgment" means that a medical professional cannot be held liable for a decision made in accordance with the requirements of professional standards as long as the decision is made by the medical professional in accordance with the requirements of professional standards. The law of "medical judgment" means that as long as a medical professional makes a decision in accordance with the requirements of professional standards, the medical professional cannot be held liable merely because the decision is later recognized as wrong. A medical practitioner is not liable for damages caused by an "honest error" of judgment if he or she has exercised the care, knowledge and skill required by his or her profession when treating a patient. American jurisprudence (RaybrunV.Day) that the surgeon noticed that there may be gauze left in the patient's abdomen, after searching, but based on the patient's life-threatening situation, did not continue to look for the wound will be sutured, can not be left in the patient's abdomen simply because of gauze that class damages liability.
(2) The "Respectable Minority" Rule
This rule means that a physician cannot be held liable solely on the basis of the physician's choice of treatment from a majority of approved treatments. Physicians must have a high degree of specialized knowledge and skill in the act of diagnosis and treatment, but the diagnosis and treatment of the same condition may vary from one physician to another, and on this occasion, the physician should be allowed a relative degree of discretion. Liu "within the scope of discretionary learning, because there is no fault to speak of. However, based on its discretion to take the learning, especially when using the physician's personal unique practice, the method, should not violate the common sense of medicine, and by the medical profession is recognized as a reasonable method can be. The same applies to the choice of medical doctrine. In this way, if a physician uses a unique method or adopts a doctrine that is not recognized by the medical profession as having a reasonable basis, he or she is presumed to be negligent. Since science is not the same as a plebiscite, and since "the truth is often in the hands of a few," a medical practice that causes harm to a patient is not exempt from liability because the majority agrees that a particular treatment is correct, nor is it possible to hold a minority responsible because the treatment employed is approved by that minority. Remember to judge the responsibility is to look at the fault or not; as long as the physician to take the treatment does not violate its professional standards, it can not be found at fault.