Legal risks of clinical practice guidelines

The American Journal of Gastroenterology
Richard E Moses, Andrew D Feld

Abstract

Well-crafted systemically developed clinical practice guidelines (CPGs) are intended to frame current medical knowledge in a manner that will assist health care providers in delivering high quality care. CPGs are being used in the malpractice arena to define a credible standard of care to measure the accused physician for an alleged problem addressed. This may occur despite a medical society's disclaimer that they are not intended, nor devised, for that purpose. It can be argued that CPGs may be used with greater effect by the plaintiff's bar for inculpatory evidence than by the defense as an exculpatory standard. Physicians should be aware of the legal use of CPGs and the associated risk management implications. Physicians who write guidelines for medical societies may wish to consider the potential future courtroom use of CPGs as they attempt to use evolving research to enhance patient care. A fine line may separate a "best practice" from acceptable quality care; the former may not be expected to occur in all patient care interactions. Suggestions embedded in a CPG rather than other publication may be legally interpreted incorrectly as a baseline standard of care expectation.

References

Aug 9, 2002·The New England Journal of Medicine·Daniel K Podolsky
Jul 24, 2003·Nature Reviews. Immunology·Gerd Bouma, Warren Strober
Nov 6, 2004·Science·Ichiro NakagawaTamotsu Yoshimori
Aug 5, 2006·Science·Sudha B SinghVojo Deretic
Dec 2, 2006·Nature Reviews. Genetics·Kari HemminkiAsta Försti
Jun 8, 2007·Nature·UNKNOWN Wellcome Trust Case Control Consortium
Jun 30, 2007·Inflammatory Bowel Diseases·Vincent BiankSubra Kugathasan
Sep 1, 2007·Inflammatory Bowel Diseases·Arie LevineSalvatore Cucchiara

❮ Previous
Next ❯

Citations

Feb 22, 2017·The American Journal of Gastroenterology·Richard E Moses, Ralph D McKibbin
Nov 5, 2008·Canadian Journal of Ophthalmology. Journal Canadien D'ophtalmologie·Walter Delpero
Apr 30, 2013·Otolaryngology--head and Neck Surgery : Official Journal of American Academy of Otolaryngology-Head and Neck Surgery·J Gail NeelyDavid J Grindler
Jun 6, 2009·The American Journal of Gastroenterology·Andrew D Feld, Richard E Moses
Jan 6, 2012·The American Journal of Gastroenterology·Toru HiyamaKazuaki Chayama
May 5, 2011·The American Journal of Gastroenterology·Richard E MosesAndrew D Feld
Dec 21, 2017·Regional Anesthesia and Pain Medicine·H David HardmanFrancine J DʼErcole
Apr 3, 2009·Journal of Neurosurgery. Pediatrics·Shobhan VachhrajaniJohn R W Kestle
Feb 26, 2010·Academic Medicine : Journal of the Association of American Medical Colleges·Jeremy L WarnerLawrence M Tierney
Aug 19, 2017·Regional Anesthesia and Pain Medicine·Joseph M NealJames C Watson
Mar 29, 2016·The American Journal of Gastroenterology·Kayla A Feld, Andrew D Feld
Jan 26, 2010·Anesthesiology·John F Butterworth, James P Rathmell
Feb 19, 2011·World Journal of Urology·J Stuart WolfJohn B Forrest
Sep 21, 2011·Annals of the Royal College of Surgeons of England·M A BhuttaJ J Henderson
Jul 17, 2018·The American Journal of Gastroenterology·Lauren D FeldAndrew D Feld
Sep 30, 2008·International Journal of Clinical Practice·D R Staskin

❮ Previous
Next ❯

Related Concepts

Trending Feeds

COVID-19

Coronaviruses encompass a large family of viruses that cause the common cold as well as more serious diseases, such as the ongoing outbreak of coronavirus disease 2019 (COVID-19; formally known as 2019-nCoV). Coronaviruses can spread from animals to humans; symptoms include fever, cough, shortness of breath, and breathing difficulties; in more severe cases, infection can lead to death. This feed covers recent research on COVID-19.

Blastomycosis

Blastomycosis fungal infections spread through inhaling Blastomyces dermatitidis spores. Discover the latest research on blastomycosis fungal infections here.

Nuclear Pore Complex in ALS/FTD

Alterations in nucleocytoplasmic transport, controlled by the nuclear pore complex, may be involved in the pathomechanism underlying multiple neurodegenerative diseases including Amyotrophic Lateral Sclerosis and Frontotemporal Dementia. Here is the latest research on the nuclear pore complex in ALS and FTD.

Applications of Molecular Barcoding

The concept of molecular barcoding is that each original DNA or RNA molecule is attached to a unique sequence barcode. Sequence reads having different barcodes represent different original molecules, while sequence reads having the same barcode are results of PCR duplication from one original molecule. Discover the latest research on molecular barcoding here.

Chronic Fatigue Syndrome

Chronic fatigue syndrome is a disease characterized by unexplained disabling fatigue; the pathology of which is incompletely understood. Discover the latest research on chronic fatigue syndrome here.

Evolution of Pluripotency

Pluripotency refers to the ability of a cell to develop into three primary germ cell layers of the embryo. This feed focuses on the mechanisms that underlie the evolution of pluripotency. Here is the latest research.

Position Effect Variegation

Position Effect Variagation occurs when a gene is inactivated due to its positioning near heterochromatic regions within a chromosome. Discover the latest research on Position Effect Variagation here.

STING Receptor Agonists

Stimulator of IFN genes (STING) are a group of transmembrane proteins that are involved in the induction of type I interferon that is important in the innate immune response. The stimulation of STING has been an active area of research in the treatment of cancer and infectious diseases. Here is the latest research on STING receptor agonists.

Microbicide

Microbicides are products that can be applied to vaginal or rectal mucosal surfaces with the goal of preventing, or at least significantly reducing, the transmission of sexually transmitted infections. Here is the latest research on microbicides.

Related Papers

The Joint Commission Journal on Quality Improvement
T A Brennan
Journal of General Internal Medicine
Ann S O'malleyJames D Reschovsky
The Journal of the American Academy of Psychiatry and the Law
D Clay Kelly, Gina Manguno-Mire
CMAJ : Canadian Medical Association Journal = Journal De L'Association Medicale Canadienne
G WorrallD Freake
© 2021 Meta ULC. All rights reserved