Ani B Satz and Liza Vertinsky, ‘Customary Corruption’, 66 William and Mary Law Review 693 (2025). The professional standard for medical malpractice, traditionally set by custom, has come under scrutiny. The most common concern is that custom may not reflect actual best practices, and health care providers may be reluctant to adopt those newer, better methods because the custom standard will not protect them. That criticism assumes the custom standard was originally set in good faith, based on patient outcomes and not health care industry profits. In their compelling piece, ‘Customary Corruption’, Professors Ani Satz (Emory) and Liza Vertinsky (Maryland) raise a further complicating factor. What if the customary standard of care has been influenced by profit-driven entities outside of the health care provider-patient relationship? …. (more)
[Christopher J Robinette, JOTWELL, 7 August 2026]
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