The American Law Institute (ALI) has introduced a new medical malpractice standard that integrates evidence-based medicine, marking a departure from the prevailing reliance on customary medical practice. This change encourages courts to consider modern medical guidelines when evaluating negligence claims, offering a more structured approach to assessing legal liability. Individual states may adopt the new standard with their own interpretation to refine legal evaluation of malpractice cases. Historically, malpractice cases have relied on whether a physician adhered to customary practices. However, the revised ALI framework incorporates a “reasonable person” standard, which evaluates medical decisions based on accepted competence rather than adherence to precedent. The ALI standard acknowledges that medical decision-making has evolved, shifting toward more evidence-based analysis, and it aims to apply a more consistent and transparent approach to malpractice claims.
Still the same basic principle: There is no universally perfected formula of practicing medicine. Clinicians must use their judgment and rely on their experience, which is still the basic standard of care delivery. Even so, superior documentation can be a clinician’s best defense. Read more in this recent JUCM Perspective: Documentation Excellence: The Trifecta