{"title":"Medical Malpractice: Coming Changes and Their Impact on Psychiatry.","authors":"Neil S Kaye, Paul S Appelbaum","doi":"10.1176/appi.ps.20250230","DOIUrl":null,"url":null,"abstract":"<p><p>In 2024, the American Law Institute revised its influential Restatement of the Law for medical malpractice. The most important change is an updated standard for determining when a clinician is negligent, which emphasizes the failure to provide reasonable care, replacing the traditional standard of customary care. Determinations of reasonable care can consider evidence from the medical literature and practice guidelines, even if they have not yet generally been adopted in ordinary practice, as well as contextual factors. Although not yet incorporated into law, the new standard underscores the importance of clinicians staying current with changes in evidence-based practice.</p>","PeriodicalId":20878,"journal":{"name":"Psychiatric services","volume":" ","pages":"appips20250230"},"PeriodicalIF":3.3000,"publicationDate":"2025-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Psychiatric services","FirstCategoryId":"3","ListUrlMain":"https://doi.org/10.1176/appi.ps.20250230","RegionNum":3,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"HEALTH POLICY & SERVICES","Score":null,"Total":0}
引用次数: 0
Abstract
In 2024, the American Law Institute revised its influential Restatement of the Law for medical malpractice. The most important change is an updated standard for determining when a clinician is negligent, which emphasizes the failure to provide reasonable care, replacing the traditional standard of customary care. Determinations of reasonable care can consider evidence from the medical literature and practice guidelines, even if they have not yet generally been adopted in ordinary practice, as well as contextual factors. Although not yet incorporated into law, the new standard underscores the importance of clinicians staying current with changes in evidence-based practice.
期刊介绍:
Psychiatric Services, established in 1950, is published monthly by the American Psychiatric Association. The peer-reviewed journal features research reports on issues related to the delivery of mental health services, especially for people with serious mental illness in community-based treatment programs. Long known as an interdisciplinary journal, Psychiatric Services recognizes that provision of high-quality care involves collaboration among a variety of professionals, frequently working as a team. Authors of research reports published in the journal include psychiatrists, psychologists, pharmacists, nurses, social workers, drug and alcohol treatment counselors, economists, policy analysts, and professionals in related systems such as criminal justice and welfare systems. In the mental health field, the current focus on patient-centered, recovery-oriented care and on dissemination of evidence-based practices is transforming service delivery systems at all levels. Research published in Psychiatric Services contributes to this transformation.