Torts: Medical Malpractice
Restatement of the Law Third, Torts: Medical Malpractice focuses on 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.
The project is organized into fifteen sections:
§ 1. Patient and Provider Defined
§ 2. Patient-Care Relationship
§ 3. Duties to Patients and Others
§ 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
§ 12. Informed Consent: Duty and Exceptions
§ 13. Informed Consent: Factual Cause and Scope of Liability
§ 14. Medical Institutions’ Duties
§ 15. Vicarious Liability
Reporters
Nora Freeman Engstrom
Reporter, Torts: Miscellaneous Provisions, Torts: Medical Malpractice
Nora Freeman Engstrom is a nationally recognized expert in both tort law and legal ethics. In her far-ranging scholarship, she explores the day-to-day operation of the tort system, including the system’s interaction with alternative compensation mechanisms. Professor Engstrom has also written extensively on trial practice, complex litigation (including MDLs), attorney advertising, contingency fee financing, and law firms she calls “settlement mills”—high-volume personal injury law practices that heavily advertise and mass-produce the resolution of claims.
Michael D. Green
Reporter, Torts: Miscellaneous Provisions, Torts: Medical Malpractice
Michael Green is a nationally and internationally recognized torts teacher and scholar. In August 2018, he received the ABA’s Robert B. McKay Award for outstanding contributions to the field of torts. He has also received the William L. Prosser award from the AALS and the John G. Fleming Memorial Prize for Torts Scholarship jointly with Professor William C. Powers, Jr., of the University of Texas.
Mark Hall
Reporter, Torts: Medical Malpractice
Mark Hall is the Fred D. and Elizabeth L. Turnage Professor of law and the Director of Health and Law Policy program at Wake Forest Law. Professor Hall is one of the nation's leading scholars in the areas of health care law, public policy, and bioethics. The author or editor of twenty books, including Making Medical Spending Decisions (Oxford University Press), and Health Care Law and Ethics (Aspen), he is currently engaged in research in the areas of health care reform, access to care by the uninsured, and insurance regulation. Prof. Hall has published scholarship in the law reviews at Berkeley, Chicago, Duke, Michigan, Pennsylvania, and Stanford, and his articles have been reprinted in a dozen casebooks and anthologies.
Recent Posts
Supreme Court Cites Torts 3d: Medical Malpractice
In Chiles v. Salazar, the U.S. Supreme Court cited the Restatement of the Law Third, Torts: Medical Malpractice in an analysis of how the First Amendment interacted with Colorado’s Minor Conversion Therapy law, which prohibited licensed counselors from engaging in “conversion therapy” with minors, when it was applied to talk therapy.
The ALI Adviser is intended to inform readers about the legal topics and issues examined in many of ALI’s current projects; posts do not necessarily represent the position of the Institute taken in those projects. Posts on The ALI Adviser are written by ALI project participants, ALI members, and outside sources. Completed work is available to purchase online.
