Torts: Medical Malpractice
This project is part of ALI’s ongoing revision of the Restatement Second of Torts. Portions of the Restatement Second have been superseded by the Restatement Third of Torts: Products Liability, Apportionment of Liability, Liability for Physical and Emotional Harm, and Liability for Economic Harm. This Restatement addresses medical liability.
Tentative Draft No. 2 (Electronic PDF)
Tentative Draft No. 2 contains material on Liability for Breach of Duty, Standard of Reasonable Medical Care, Establishing Breach of the Standard of Care, Res Ipsa Loquitur, Lost Chance, Agreements Affecting Medical Liability, No Waiver of Liability, Agreements to Take a Nonstandard Approach to Care, Informed Consent: Duty and Exceptions, Informed Consent: Factual Cause and Scope of Liability, Medical Institutions’ Duties, and Vicarious Liability. The membership voted to approve this draft at the 2024 Annual Meeting subject to the discussion at the Meeting and editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.