Restatement of the Law Third,

Torts: Medical Malpractice

This is part of the Restatement Third, Torts, series that, when complete, will supersede Restatement Second, Torts. This volume covers the distinct liability issues that arise when a patient seeks or obtains medical care. It focuses on the doctrinal core that distinguishes medical liability from other areas of tort law, leaving to other portions of the Restatement Third of Torts coverage of the many generally applicable topics and doctrinal elements that can arise across a range of tort actions, including medical malpractice.

Reporters:
Nora Freeman Engstrom, Stanford Law School, Stanford, CA
Michael D. Green, Washington University School of Law, Saint Louis, MO
Mark A. Hall, Wake Forest University School of Law, Winston-Salem, NC
William C. Powers, Jr., University of Texas at Austin School of Law, Austin, TX [deceased 2019]

Summary of Contents

Section 1. “Patient” and “Provider” Defined

Section 2. Patient-Care Relationship

Section 3. Duties to Patients and Others

Section 4. Liability for Breach of Duty

Section 5. Standard of Reasonable Medical Care

Section 6. Establishing Breach of the Standard of Care

Section 7. Res Ipsa Loquitor

Section 8. Lost Chance

Section 9. Agreements Affecting Medical Liability

Section 10. No Waiver of Liability

Section 11. Agreements to Take a Nonstandard Approach to Care

Section 12. Informed Consent: Duty and Exceptions

Section 13. Informed Consent: Factual Cause and Scope of Liability

Section 14. Medical Institutions’ Duties

Section 15. Vicarious Liability

Parallel Tables

Index

Torts: Medical Malpractice

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