6/14/2023 0 Comments Safe harbour 2007![]() A brief examination of the juridical and legislative history of CPGs will show that these considerations need to be taken into account in medical tort reform efforts. Further, although CPGs may promote and standardize use of efficient and evidence-based clinical treatment, they may also limit physician autonomy and impose inflexible or unrealistic standards on clinical practice. Though CPGs may provide physicians with needed guidelines and consensus on care based on clinical evidence, the use of such guidelines in medical malpractice litigation is largely dependent upon state evidentiary practices and rulings. Studies have shown that CPGs have an impact on the outcomes of these cases. Establishing a breach in the standard of care is key in litigating medical malpractice claims under the negligence standard, in which a defendant physician attempts to assert that he or she has complied with the standard of care and a plaintiff conversely contends the acceptable standard was not met. They can be used in litigation by an accused physician as a defense (exculpatory evidence) and by patients alleging a breach of the standard of care (inculpatory evidence). Clinical Practice Guidelines (CPGs) play a dual role in medical malpractice claims.
0 Comments
Leave a Reply. |