To the Editor: In their Commentary, Mr Hodge and Ms Courtney1 proffered a public health legal standard of care during emergencies. This is problematic for 2 reasons. First, it is unclear what principles ought to underlie a determination of fair treatment in accordance with communal or public health interests. Second, a physician who does not conform to this nonmedically indicated standard of care may arguably be liable for medical malpractice.
Bhattacharya D. Public Health Emergencies and Legal Standards of Care. JAMA. 2010;303(18):1811-1812. doi:10.1001/jama.2010.543