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  1. Home
  2. Publications
  3. Torts: Medical Malpractice
Home Torts: Medical Malpractice
  1. Publications
Restatement of the Law Third,

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 Portions of the Restatement Second have been superseded by the Restatement Third of Torts: Products Liability, Apportionment of Liability, Liability for Physical and Emotional Harm, and Liability for Economic Harm.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.

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]

Tentative Draft No. 2 (Electronic PDF)

206 pages, 2024, #1R3TMMTD2E

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.

Table of Contents

Project Status at a Glance 

Foreword 

Reporters’ Memorandum 

Medical Malpractice

Introductory Note 

Special Note on Reproductive Harm 

§ 4. Liability for Breach of Duty 

§ 5. Standard of Reasonable Medical Care 

§ 6. Establishing Breach of the Standard of Care 

§ 7. Res Ipsa Loquitur 

§ 8. Lost Chance 

§ 9. Agreements Affecting Medical Liability 

§ 10. No Waiver of Liability 

§ 11. Agreements to Take a Nonstandard Approach to Care 

Reporters’ Special Note to §§ 12 and 13 on Ethical Idealism versus Legal Pragmatism in Informed Consent Law 

§ 12. Informed Consent: Duty and Exceptions 

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

§ 14. Medical Institutions’ Duties 

§ 15. Vicarious Liability 

Appendix A. Black Letter of Tentative Draft No. 2

Appendix B. Black Letter of Sections Approved by Membership

$10.00

Tentative Draft No. 1 (Electronic PDF)

98 pages, 2023, #1R3TMMTD1E
$10.00

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