A New Legal Standard for Medical Malpractice
Daniel G. Aaron, Christopher T. Robertson, Louise P. King, William M. Sage
JAMA. Published online February 26, 2025.
DOI: 10.1001/jama.2025.0097
PMID: 40009364
⚖️ Bottom Line:
This new restatement from the ALI encourages courts to consider evidence-based practice alongside (and potentially instead of) traditional custom, marking a significant evolution in how medical negligence may be legally defined. However, custom remains influential in many jurisdictions—clinicians should stay informed as standards shift.
🔍 Key Points:
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Context: The American Law Institute (ALI) revised the legal standard for medical malpractice in 2024, prompting a shift in how courts may assess medical negligence.
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Old Standard: Historically, malpractice judgments relied on customary practice—what other physicians typically do.
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New Standard:
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Emphasizes reasonable medical care over custom.
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Defines this care as reflecting the skill and knowledge expected of competent clinicians in similar circumstances.
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Allows juries to reject outdated customs if they conflict with modern standards.
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Encourages the use of evidence-based guidelines, while noting that not all guidelines are of equal quality.
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Expands attention to informed consent and physician-patient communication.
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Implications:
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Patient safety and evidence-based care become more central in legal assessments.
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Physicians may face greater scrutiny of their clinical reasoning, even if their actions align with common practice.
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There will likely be state-to-state variability in adoption.
Aaron, D.G., Robertson, C.T., King, L.P. and Sage, W.M., 2025. A New Legal Standard for Medical Malpractice. JAMA, 333(13), pp.1161-1165.