Restatement of the Law Third, Torts: Medical Malpractice

The American Law Institute, established in 1923, is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law. The Institute (whose membership consists of more than 4300 lawyers, judges, and law professors of the highest qualifications) drafts, discusses, revises, and publishes Restatements of the Law, Principles of the Law, and model statutes that are enormously influential in the courts and legislatures, as well as in legal scholarship and education. ALI has long been influential internationally and, in recent years, more of its work has become international in scope.

By participating in the Institute's work, its distinguished members have the opportunity to influence the development of the law in both existing and emerging areas, to work with other eminent lawyers, judges, and academics, to give back to a profession to which they are deeply dedicated, and to contribute to the public good.

How the Institute Works

A project is undertaken by the Institute only upon the careful consideration and prior approval of the Council, its governing body. When a project has been authorized, an expert in the field of law to be considered, usually a legal scholar, is designated as Reporter. The Reporter does the basic research and prepares the initial draft of the material.

This initial draft is submitted for suggestions and revisions to a small group of advisers (judges, lawyers, and law teachers) with special knowledge of the subject. In most projects, the draft is also reviewed by a Members Consultative Group consisting of members of the Institute with particular interest in the subject. The revised draft is next submitted for further analysis and consideration to the Council. When approved by the Council, the draft as further revised is presented to an annual meeting of the entire ALI membership for discussion.

A series of drafts is produced in this manner over a period of years. When all drafts have been approved both by the Council and the ALI membership, the official text of the Institute is prepared for publication. The final product, the work of highly competent group scholarship, thus reflects the searching review and criticism of learned and experienced members of the bench and bar. Many Institute publications have been accorded an authority greater than that imparted to any legal treatise, an authority more nearly comparable to that accorded to judicial decisions.