What does “standard of care” actually mean, and why do so many physicians get it wrong before they ever reach the witness stand?
In Episode 20, host Dr. Brian Woodruff sits down with Dr. Kenny Stein, an emergency and critical care physician with 27 years of clinical practice and 24 years as a medical expert witness across more than 300 depositions and trials. Together, they unpack the ALI Restatement of the Law Third on medical malpractice and its implications for working experts.
The conversation covers how the American Law Institute’s recommendations differ from binding law, the difference between national and local standard of care, and why the legal bar is competence, not perfection. Dr. Stein explains why standard of care can sit below average, how customary practice shifts over time, the proper (and improper) use of clinical guidelines, and what AI tools like OpenEvidence can and can’t do for your expert report. Along the way: informed consent, clinical judgment as a courtroom shield, res ipsa loquitur, and how to avoid the “Monday morning quarterback” trap.
Whether you’re new to expert work or seasoned in the courtroom, this episode offers a grounded framework for thinking about standard of care.
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