Medical malpractice laws are changing, and that could benefit both patients and doctors. Traditionally, courts have judged malpractice based on whether a doctor followed the "customary" practices of their profession. But a recent change by the American Law Institute (ALI) shifts the standard from "customary" to "reasonable" care.

This means that instead of simply doing what most other doctors do, physicians will be expected to follow modern, evidence-based medical guidelines. A recent JAMA article explains that this shift acknowledges the role of legitimate, authoritative guidelines in defining competent medical care. This could help ensure that outdated or ineffective treatments are phased out, making medical care safer and more reliable for patients.

For patients, this change is important because it encourages doctors to rely on the best available science rather than outdated habits. It also means that a doctor cannot be sued simply for following legitimate medical guidelines—something that has happened in the past. A case discussed in JAMA in 2004 highlighted how a doctor was sued for following evidence-based recommendations, a scenario that is now less likely under the new legal framework.

For doctors, this could reduce the pressure to practice "defensive medicine," where unnecessary tests and procedures are ordered just to avoid lawsuits. Instead, they can focus on providing the best care based on current medical knowledge.

While changes in malpractice law take time to be fully implemented, this is a step toward a system that prioritises both patient safety and fair legal standards for healthcare providers.