Updated Medical Malpractice Legal Standards Detailed in New Report
A Special Communication published in JAMA summarizes and describes the significance and practical considerations of new updates to legal standards for medical malpractice, which were approved by the American Law Institute (ALI) in 2024. According to the authors of the Special Communication, the updated standards represent a shift in the definition of negligence toward the incorporation of evidence-based medicine and “reasonable medical care” rather than a strict adherence to medical customs and prevailing practice.
The ALI approved its Restatement (Third) of Torts: Medical Malpractice on May 21, 2024. In issuing this restatement, the ALI reviewed existing United States law on medical malpractice and evaluated the implementation of this law in real-world practice, resulting in a clarified framework for the future implementation of medical malpractice law. The new standards will be helpful to states in updating their respective medical malpractice laws.
The provision of reasonable medical care may incorporate evidenced-based medicine, especially in situations where medical customs do not reflect the latest evidence from medical research. As an example, the authors note updates to medical literature regarding the risks associated with the use of low-dose aspirin or opioids, meaning that these treatments may not constitute reasonable medical care despite their widespread historical usage.
The authors of the Special Communication further describe new updates pertaining to physician-patient communication. Under the updated legal standards, clinicians have an obligation to disclose the multiple alternatives that may exist for a given treatment as well as to answer patient questions, including those about their experience, financial interests, or institutional resources. The authors cite the risk-management model of the University of Michigan as an example of the value of a proactive, transparent approach that prioritizes patient safety and timely disclosure to reduce malpractice costs while improving trust.
The Special Communication appears online in JAMA (jamanetwork.com); the ALI’s standards can be accessed at the following: https://www.ali.org/publications/restatement-law-third/torts-medical-malpractice