Jim,
You have misquoted the definition in Black's Law Dictionary. You have paraphrased the definition adding and leaving out important wording to suit your own personal argument.
Although I hope it was not a deliberate attempt to mislead, your posting made it appear that the Black's law dictionary supports your position. In fact it does not. It appears to support the other side's argument. Please be more circumspect and accurate in your supposed quotations. Otherwise how can the reader put any confidence in your position?
Black’s Law Dictionary, Fifth Edition
“Standard of care. In the law of negligence, that degree of care which a reasonably prudent person should exercise under same or similar circumstances. If a person’s conduct falls below such a standard, he may be liable in damages for injuries or damages resulting from his conduct. See: Negligence: Reasonable man doctrine or Standard.
“In medical, legal, etc., malpractice cases a standard of care is applied to measure the competence of the professional. The traditional standard for doctors is that he exercise the ‘average degree of skill, care, and diligence exercised by members of the same profession, practicing in the same or a similar locality in the light of the present state of medical and surgical science.’”
“Standard. Stability, general recognition, and conformity to established practice… A type, model, or combination of elements accepted as correct or perfect. A measure or rule applicable in legal cases such as the ‘standard of care’ in tort actions.”
“Malpractice. Professional misconduct or unreasonable lack of skill.”
“Negligence. The omission to do something which a reasonable man, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent man would not do.”
Pat Kennedy, CFEI, CFPS, MIFireE
Fire and Explosion Analyst
Sarasota, Florida
[
www.kennedy-fire.com]