The New Era of Medical Malpractice
Medical malpractice law is getting a major update, and it could affect both patients and doctors in big ways, according to an article in Medical Economics. For years, courts decided malpractice cases by asking: What would most doctors do in this situation? That “customary practice” test often kept the focus on tradition rather than on what’s truly best for patients.
Now, the American Law Institute (ALI) has proposed a new standard. Instead of relying on that customary practice test, courts would look at whether a doctor provided “reasonable care.” That means judges could consider evidence-based medical guidelines, the patient’s needs, and the latest clinical knowledge when deciding if malpractice occurred.
This shift is designed to reduce “defensive medicine” when doctors order extra tests or treatments mainly to protect themselves from lawsuits. Under the new approach, doctors will theoretically feel more confident following modern, evidence-based practices, even if those practices aren’t yet what the majority is doing.
For patients, this means courts will look more closely at whether care was truly reasonable, not just whether it followed tradition. For doctors, it means they can practice responsibly without being locked into outdated customs. Differences in medical practice are acceptable -- as long as they’re reasonable. But if a significant group of physicians believes a practice is unsafe or unreasonable, liability could still follow.
While the burden of proving negligence in this area is often challenging, a top Philadelphia medical malpractice lawyer can help guide you through the case. Tom Duffy has obtained recoveries and settlements from most of the large teaching hospitals and universities in the Philadelphia area. Please contact us to see if he can help you, too.