PMID: 9524912Apr 3, 1998Paper

Snyder v. American Association of Blood Banks: a re-examination of liability for medical practice guideline promulgators

Journal of Evaluation in Clinical Practice
A NobleA L Hyams

Abstract

Medical practice guidelines are playing an increasingly important role in both the medical and the legal context. As tools for the health practitioner, it is thought that medical practice guidelines may contribute to an increase in the quality of patient care and cost-effectiveness. In the legal setting, guidelines may improve the functioning of the medical malpractice system by creating more rational, predictable standards of care. The development and promulgation of medical practice guidelines, while increasing, are still evolving. A number of concerns, especially in the areas of physician autonomy, physician control, and ethics, as well as efficacy, need to be resolved. The use of such guidelines as the legal standard of care in malpractice cases evokes similar concerns, along with fears that the use of guidelines at trial may either lower the standard of care, or, conversely, raise the standard of care to levels that are difficult to meet. Adding to this controversy is the recent case of Snyder v. American Association of Blood Banks (1996), in which the New Jersey Supreme Court upheld a jury finding that the American Association of Blood Banks (AABB) was liable to a plaintiff who contracted AIDS from an HIV-tainted transfus...Continue Reading

Citations

Apr 23, 2011·Pediatric Surgery International·Benedict C Nwomeh, Donna A Caniano
Jun 10, 2010·Philosophy, Ethics, and Humanities in Medicine : PEHM·Lorraine Johnson, Raphael B Stricker
Oct 26, 1999·Chest·D HacknerZ Mohsenifar
Jun 6, 2002·Journal of Cellular Biochemistry. Supplement·Adrian P Gee

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