New legal standard redefines medical negligence

Editor's Note

A revised legal standard for assessing medical negligence in the US shifts away from customary medical practice and toward a more patient-centered definition of reasonable care, according to a February 26 letter published in Jama Network.

Following a 2024 update from the American Law Institute, the new framework “still includes elements of prevailing medical practice.” However, it defines reasonable care as “the skill and knowledge regarded as competent among similar medical clinicians under comparable circumstances and acknowledges that, in some cases, juries can override customary practices if they fall short of contemporary standards.”

In addition to allowing courts to override prevailing medical practices, the restatement incorporates evidence-based practice guidelines while acknowledging that these guidelines vary in quality. It also introduces recommendations on informed consent and physician-patient communication.

The new standard of care “represents a shift away from strict reliance on medical custom and invites courts to incorporate evidence-based medicine into malpractice law,” authors conclude.