The new standard for medical malpractice: What to watch for

Medical malpractice law varies by state — but a national shift is underway.

In this interview with Medical Economics, Daniel Aaron, M.D., J.D., 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.

Physicians don’t need to track every court decision, he said, but they should understand the larger trend toward aligning malpractice law with evidence-based medicine. “If there are big developments, then likely their hospital or lawyers in their states will spread the word,” Aaron said.

He encouraged physicians to support institutional change through communication-and-resolution programs and, where possible, to engage in policy discussions aimed at improving transparency, safety and patient trust.