Analysis: How the new US malpractice standard puts evidence-based ‘reasonable care’ over customary practice
Editor's Note A February 26 letter in JAMA Network reported a revised legal standard for medical negligence in the US, shifting from traditional reliance on customary practice toward a more patient-centered, evidence-based definition of “reasonable care.” The American Law Institute (ALI) updated its framework in 2024, retaining elements of prevailing…
Supreme Court case could threaten colorectal cancer screening access, ACG warns
Editor's Note The American College of Gastroenterology (ACG) is warning that millions of Americans could lose access to essential colorectal cancer (CRC) screenings if the Supreme Court rules against the role of the US Preventive Services Task Force (USPSTF) in guiding preventive care coverage. According to the organization’s March 7…
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…
Criminalizing anesthesia errors has unintended consequences, experts warn
Editor's Note Treating unintended anesthesia errors as criminal acts could exacerbate workforce shortages, increase malpractice costs, and drive clinicians to defensive medicine, according to experts quoted in a January 15 report from Anesthesiology News. Instead, fostering a culture of safety and learning could more effectively reduce errors and improve patient…
Medical school diversity declines after Supreme Court ruling
Editor's Note The Supreme Court’s 2023 decision limiting race in college admissions has triggered an overzealous response from many medical schools, leading to a sharp decline in enrollment for underrepresented groups, according to an article published January 23 in STAT. As detailed in the article, Legal advisors have pushed schools…
United Surgical Partners agrees to $1.48M settlement in 401(k) fee lawsuit
Editor's Note United Surgical Partners International Inc. has agreed to pay $1.48 million to settle a proposed class action alleging its 401(k) plan charged excessive fees and included costly investment options, according to a motion filed in Texas federal court, Law360 January 6 reports. The settlement resolves a lawsuit brought…
Why active implants demand proactive management
What happens when a surgeon uses the monopolar instrument set on 30-W coagulation mode to create an upper midline incision in a patient with a pacemaker? Pacemaker function is interrupted, causing a heart block that results in hemodynamic instability—or at least, this is what could happen without taking the necessary…
Antitrust guideline withdrawal could dampen M&A, boost uncertainty for provider joint ventures
Editor's Note In a move that could hinder provider-led joint ventures and increase regulatory uncertainty, the Federal Trade Commission (FTC) and the Justice Department have withdrawn antitrust guidance issued in 2000. Modern Healthcare reported the news on December 16. Passed in a 3-2 vote, the decision eliminates previously relied-upon safe…
"Tweener" hospitals eye financial relief after Supreme Court ruling
Editor's Note The Supreme Court’s recent “Chevron” ruling could offer additional financial security to hundreds of so-called "tweener" rural hospitals—those too large to be considered critical access hospitals but too small to be rural referral centers. Modern Healthcare reported the news July 29. According to the article, critical access hospitals,…
Doctors hit by cyberattack seek legal action against UnitedHealth
Editor's Note Doctors are urging the American Medical Association (AMA) to take legal action or otherwise help recoup their losses from the February 21 Cyberattack on Change Healthcare, a division of United HealthGroup. Forbes reported the news June 3. The article cites a a resolution before the AMA’s reference committee on amendments…
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