The new standard for medical malpractice: What it means for day-to-day practice

How will the American Law Institute’s new medical malpractice standard actually shape daily clinical judgment?

In an interview with Medical Economics, Daniel Aaron, M.D., J.D., explains how the shift toward reasonableness and patient-centered care gives physicians more space to apply evolving evidence — without abandoning professional norms.

“The new statement … allows doctors to practice with a little bit more flexibility and to follow new studies, as opposed to what other doctors are doing,” Aaron said.

Importantly, the restatement allows courts to recognize variation in clinical practice — provided it’s reasonable and evidence-based. “If 20% of doctors follow a particular practice, then that might be something that’s actually legitimate,” Aaron said. “It’s okay to have differences … as long as those differences are reasonable.”

Still, custom isn’t erased. “You do want to practice in a way not that you see as competent, but that the profession as a whole sees as competent,” he said.