Chiles v. Salazar · ¶157

State enforcement of the standard of care—i. e., “the care, skill, and knowledge regarded as competent among similar medical providers in the same or similar circumstances,” Restatement (Third) of Torts: Medical Malpractice § 5 (Tent. Draft No. 2, Mar. 2024)—has continued over time and still serves as the touchstone for both licensing schemes and medical-malpractice lawsuits. Brief for Respondents 25–26, and App. to id., at 1a–8a. That is, States have consistently regulated medical professionals' conduct to ensure that modern healthcare practices conform to the standard of care through both medical-malpractice law and professional licensing.

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