Restatement of the Law Third, Torts: Medical Malpractice

Part of the Restatement Third, Torts, series, this volume addresses medical malpractice law and medical liability, including key issues arising in the application of tort law to medical care.

Product Format Details Qty
Print Book: 1 Volume, Hardbound 2026 Edition
$266.00
In Stock ISBN: 9798341741553

This title is part of the Restatement Third, Torts, series that, when complete, will supersede Restatement Second, Torts. This volume covers the distinct medical malpractice and medical liability issues that arise when a patient seeks or obtains medical care. 

It focuses on the doctrinal core that distinguishes medical liability law 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 volume addresses important medical malpractice topics, including the standard of reasonable medical care, breach of the standard of care, informed consent, lost chance, medical institutions’ duties and vicarious 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

eBooks, CDs, downloadable content, and software purchases are noncancelable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+® service for further legal research options. A valid subscription to Lexis+ is required to access this content.

§ 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