The Mark Gorney, MD, Memorial Lecture-The Mark Gorney, MD, Memorial Lecture

Video Transcription

Video Summary

The session opens with Julie Ritzman honoring Dr. Mark Gorney, whose volunteerism, teaching, and leadership helped address California&rsquo;s malpractice insurance crisis in the 1970s (supporting MICRA) and contributed to founding The Doctors&rsquo; Company. She introduces the Mark Gorney Memorial lecturer, Dr. Daniel Aaron (MD/JD), who explains a newly issued American Law Institute (ALI) &ldquo;Restatement&rdquo; proposing a modernized medical malpractice standard.<br /><br />Aaron reviews malpractice basics: many physicians face claims, but out-of-pocket payments are rare due to insurance and low rates of payments exceeding policy limits; plastic surgeons see relatively higher claim rates. He then explains the ALI&rsquo;s influence: restatements aren&rsquo;t binding law but are widely cited and can shape court decisions.<br /><br />The key change is a move from a largely &ldquo;custom&rdquo; standard (what physicians typically do) toward a &ldquo;reasonableness&rdquo; standard: &ldquo;reasonable medical care&rdquo; is what similar providers regard as competent in similar circumstances, with flexibility for patient characteristics, available knowledge and options at the time, local resources, differences among provider groups, and providers&rsquo; public representations.<br /><br />A major evidentiary shift involves clinical practice guidelines (CPGs): compliance with an authoritative guideline can support (but not compel) a finding of no breach&mdash;an asymmetrical protection for clinicians, reflecting concerns about variable guideline quality.<br /><br />Finally, the restatement emphasizes open communication, apologies, and systems-based safety, including institutional duties to provide safe facilities, adequate staffing, and effective policies. Aaron links this to Communication and Resolution Programs (CRPs), which encourage disclosure and can reduce litigation and improve care. In Q&amp;A, he predicts courts may begin adopting the restatement within 2&ndash;5 years and more broadly over a decade, notes waivers rarely bar malpractice claims, and advises caution when responding to online reviews due to HIPAA risks.

Keywords

Mark Gorney Memorial Lecture

Dr. Mark Gorney

The Doctors' Company

MICRA

California malpractice insurance crisis

American Law Institute Restatement

medical malpractice standard

custom vs reasonableness standard

clinical practice guidelines evidence

Communication and Resolution Programs