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The new standard for medical malpractice: A conversation with Daniel G. Aaron, M.D., J.D.

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Daniel Aaron, M.D., J.D., an associate professor of law at the University of Utah, explains how the American Law Institute’s new standard may gradually influence courts and legislatures across the country.

What does the new legal standard for medical malpractice actually mean for physicians?

In an interview with Medical Economics, Daniel Aaron, M.D., J.D., associate professor of law at the University of Utah and lead author of the JAMA report, "A New Legal Standard for Medical Malpractice," breaks down the American Law Institute's first-ever restatement of medical malpractice law — and why it matters.

The restatement marks a shift from traditional customary practice to a "reasonableness" standard grounded in evidence-based medicine and patient-centered care.

Aaron explains how this change gives doctors more flexibility to follow clinical guidelines and new research — even when it diverges from tradition. This interview is essential for physicians, health system leaders and anyone navigating the evolving intersection of medicine and law.

Aaron's full conversation with Medical Economics is featured in episode 64 of the Off the Chart: A Business of Medicine Podcast.

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