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.
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.