The new standard for medical malpractice: Why the law just changed

Daniel Aaron, M.D., J.D., associate professor of law at the University of Utah and lead author of a recent JAMA article, explains why the American Law Institute (ALI) issued its first-ever restatement of the law of medical malpractice — a major legal shift physicians need to know.

"When courts hear cases, they often turn to what's called a restatement of law," Aaron said. "There is a restatement that dates to around the 1960s, and it hasn’t been updated in a really long time."

The ALI found medical malpractice too complex to address within broader tort law, prompting a dedicated restatement that could shape how courts assess the standard of care for years to come.

"This is a pretty big deal," he said.

The new restatement will influence legal interpretations nationwide, and has major implications for physician liability, documentation and clinical decision-making.