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Ep. 64: The new standard for medical malpractice with Daniel G. Aaron, MD, JD
Daniel Aaron, MD, JD, an associate professor of law at the University of Utah, joins the show to talk about the new legal standard for assessing medical negligence.
Daniel G. Aaron, MD, JD, an associate professor of law at the University of Utah's S.J. Quinney College of Law, joins the show to talk about the American Law Institute's revised legal standard for assessing medical negligence.
For more, check out Aaron's JAMA article, "A New Legal Standard for Medical Malpractice."
Don't miss our previous episodes on healthy eating, physician financial mistakes, prior authorization and strategic planning.
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Music Credits:
Coffee Lo-Fi by Mit-Rich - stock.adobe.com
Relaxing Lounge by Classy Call me Man - stock.adobe.com
COCKTAIL by Mythical Audio - stock.adobe.com
Editor's note: Episode timestamps and transcript produced using AI tools.
Introduction to the Episode (00:00:00)
Overview of the podcast and introduction of Dr. Daniel Aaron discussing medical malpractice standards.
Background on the Legal Standard Update (00:01:02)
Dr. Aaron explains the revisions to the medical malpractice standard by the American Law Institute.
Differences in the New Standard (00:03:16)
Discussion on how the new standard differs from traditional customary practice in malpractice cases.
Implications for Clinical Decision-Making (00:06:08)
How the new standard allows physicians more flexibility in clinical decision-making based on evidence.
Guidelines and Legal Scrutiny (00:08:31)
Advice for physicians on ensuring the guidelines they follow are legitimate and evidence-based.
Examples of Negligence Under the New Framework (00:10:00)
Exploration of how customary practices could still be deemed negligent with the new standard.
Effects on Defensive Medicine (00:11:36)
Discussion on how the revised standard may influence defensive medicine behaviors among physicians.
Monitoring Legislative Changes (00:13:10)
Guidance for physicians on keeping track of legislative developments in medical malpractice law.
Actions for Primary Care Physicians (00:16:09)
Recommendations for busy physicians to stay informed about the evolving legal landscape.
Closing Remarks (00:17:10)
Dr. Aaron's final thoughts on the significance of the changes in medical malpractice law.
