Who determines the standard of care for physicians and other health professionals?

The legal standard of care for physicians and other health professionals is determined by the courts, through a process called medical malpractice litigation. In these cases, the plaintiff (the injured patient or their family) must prove that the defendant (the physician or other health professional) failed to meet the standard of care, and that this failure caused the patient's injuries.

The standard of care is based on what a reasonably prudent physician or other health professional would do in the same situation. This is determined by taking into account the following factors:

* The patient's medical history

* The patient's current symptoms and condition

* The available diagnostic tests and treatments

* The risks and benefits of each diagnostic test or treatment

In some cases, the standard of care may also be influenced by medical guidelines or protocols. However, these guidelines are not legally binding, and the court will ultimately decide what the standard of care is in each individual case.