Restatement of the Law Third, Torts: Medical Malpractice Is Available
Led by Reporters Nora Freeman Engstrom of Stanford Law School, Michael D. Green of Washington University School of Law and Wake Forest University School of Law, and Mark A. Hall of Wake Forest University School of Law, the project was launched as part of Restatement of the Law Third, Torts: Concluding Provision (now “Miscellaneous Provisions”), in January 2019. Beginning with the drafts prepared for the 2023 Annual Meeting, the Medical Malpractice portion of the project was produced separately as the Restatement of the Law Third, Torts: Medical Malpractice.
Despite the volume of medical-liability litigation and its public-policy significance, previous Restatements did not address medical malpractice in detail. Earlier Restatements treated professional liability only briefly and generally, applying the same basic standard to a wide range of professionals and tradespeople, including health care professionals.
Medical care presents distinctive legal questions. Provider-patient relationships involve substantial trust, unique vulnerabilities, and disparities in power. Medical practice is also shaped by institutional, regulatory, and financial considerations, as well as rapid developments in science, technology, and the relationships among providers, patients, and institutions. The Restatement of Torts: Medical Malpractice examines how tort principles apply within this distinctive and changing environment, including in duties, relationships, and standards of care; agreements and informed consent; and medical institutions and vicarious liability.
“As we wrap up our work, we gratefully acknowledge the invaluable contributions of the many members who have assisted us in this challenging endeavor,” said Reporters Engstrom, Green, and Hall in a joint statement made at the time of the project’s approval by ALI membership. “We are particularly indebted to the many dedicated Advisers and MCG members, who have volunteered their time and expertise to this effort—and to the Council members who have suggested revisions to key portions of our draft with diligence, attention, and focus.”