United Blood Services v. Quintana3/23/1992
co Bell, Inc. v. Lannon, 744 P.2d 43, 46-50 (Colo. 1987). Thus, in ordinary negligence cases, an actor is required to conform his or her conduct to a standard of objective behavior measured by what a reasonable person of ordinary prudence would or would not do under the same or similar circumstances. See W. Keeton et al., Prosser and Keeton on Torts § 32, at 174. For those practicing a profession involving specialized knowledge or skill, reasonable care requires the actor to possess "a standard minimum of special knowledge and ability," id. at 185, and to exercise reasonable care in a manner consistent with the knowledge and ability possessed by members of the profession in good standing. Klimkiewicz v. Karnick, 150 Colo. 267, 273-74, 372 P.2d 736, 739 (1962); Brown v. Hughes, 94 Colo. 295, 303-04, 30 P.2d 259, 262 (1934).
A practicing professional is generally entitled to be Judged according to the tenets of the school of practice which the practitioner professes to follow. Because in most cases of professional negligence the applicable standard is not within the common knowledge and experience of ordinary persons, the applicable standard must be established by expert testimony. See, e.g., Melville v. Southward, 791 P.2d 383, 387 (Colo. 1990); Daly v. Lininger, 87 Colo. 401, 405, 288 P. 633, 636 (1930). "Without expert opinion testimony in such cases, the trier of fact would be left with no standard at all against which to evaluate the defendant's conduct." Melville, 791 P.2d at 387.
Colorado case law reflects several positions with respect to the compass of the professional community by which a professional standard of care is to be established. Some cases have adopted the so-called "locality rule," which requires that a health care professional be bound by the knowledge and skill applicable to those practicing the same profession in the same locality. See, e.g., Foose v. Haymond, 135 Colo. 275, 283, 310 P.2d 722, 726 (1957); Brown v. Hughes, 94 Colo. at 303, 30 P.2d at 262. Other cases describe the professional community as those practicing the same specialty in the same or similar community. E.g., Bloskas v. Murray, 646 P.2d 907, 914 (Colo. 1982); Martin v. Bralliar, 36 Colo. App. 254, 258, 540 P.2d 1118, 1120 (1975). Some cases also refer to a national community and state that a national standard, if existing, is applicable when measuring the particular professional practice under consideration. See Mallett v. Pirkey, 171 Colo. 271, 282, 466 P.2d 466, 471 (1970); Martin, 36 Colo. App. at 258-59, 540 P.2d at 1120; Stauffer v. Karabin, 30 Colo. App. 357, 364, 492 P.2d 862, 865 (1971).
While a defendant practicing a profession is entitled to be Judged by the standard of care applicable to the professional school to which the defendant belongs, W. Keeton, et al., Prosser and Keeton on Torts § 32, at 187, that standard is not always conclusive proof of due care. We have held, in a somewhat different context, that compliance with administrative safety regulations is a circumstance to be considered on the issue of due care but is not conclusive proof of that issue. Blueflame Gas, Inc. v. Van Hoose, 679 P.2d 579, 591 (Colo. 1984) (citing with approval § 288C of Restatement (Second) of Torts (1965), which states that
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