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Related Experiment Video

Updated: Jun 30, 2026

Using Visual and Narrative Methods to Achieve Fair Process in Clinical Care

Using Visual and Narrative Methods to Achieve Fair Process in Clinical Care

Published on: February 16, 2011

Commentary: Helling v. Carey, Caveat Medicus.

D Clay Kelly¹, Gina Manguno-Mire

¹Division of Forensic Psychiatry, Department of Psychiatry and Neurology, Tulane University School of Medicine, New Orleans, LA 70112, USA.

The Journal of the American Academy of Psychiatry and the Law

|September 20, 2008

Summary

Clinical practice guidelines (CPGs) are increasingly vital in legal settings, influencing malpractice cases. Forensic experts must understand how these medical guidelines can impact legal standards of care.

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Published on: October 16, 2021

Area of Science:

Forensic Medicine
Medical Law

Background:

Clinical practice guidelines (CPGs) are gaining legal significance.
CPGs are admissible in court as learned treatises under hearsay exceptions.
Courts increasingly use CPGs to define the standard of care in malpractice litigation.

Purpose of the Study:

To inform forensic experts about the legal implications of CPGs.
To highlight the dual role of CPGs as both supportive and detrimental in legal defense.
To underscore the importance of adhering to established CPGs in forensic practice.

Main Methods:

Analysis of legal precedents involving CPGs.
Examination of hearsay exceptions related to learned treatises.
Case study review of malpractice litigation influenced by CPGs.

Main Results:

CPGs are frequently used by courts to establish the standard of care.
Medical guidelines can be used offensively (sword) or defensively (shield) in legal proceedings.
Misapplication or disregard of CPGs can lead to adverse legal outcomes, as exemplified by Helling v. Carey.

Conclusions:

Forensic experts must be cognizant of the legal weight and application of CPGs.
Understanding the legal framework surrounding CPGs is crucial for navigating malpractice claims.
The judiciary's interpretation of CPGs necessitates careful consideration by medical professionals in legal contexts.