Standard of Care, Causation, and ALI Restatement on Medical Malpractice: Perspectives From Experts and Practitioners

Medical negligence still means a breach of reasonable care. Traditionally, reasonable care was what was customary among competent practitioners. The Restatement now defines reasonable care as the care, skill, and knowledge regarded as competent among similar medical providers in the same or similar circumstances. 

The Restatement is important because it is often the "go to" resource of many state supreme courts. This new Restatement will impact how experts define the standard of care and how they develop opinions as to whether a deviation in the standard lead to the alleged injuries. 

The revised standard emphasizes scientific research and clinical practice guidelines as well as calling for increased judicial scrutiny of expert testimony. Commentators suggest that the new standard requires more reliance on what they describe as objective scientific evidence, national guidelines, and impartial assessments. The new standard, however, does not completely jettison customary practice. Nor does it ignore that novel, complex, and emergency situations arise for which no definitive guidelines exist.

Listen as our panel, which includes an experienced medical malpractice expert as well as practitioners, discusses how the new restatement will impact how attorneys and experts will explain to juries the standard of care, whether it was breached, and whether that breach caused the plaintiff's injuries.