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Published on: September 20, 2018
[Possible relation between clinical guidelines and legal standard of medicine]
Toshiharu Furukawa1, Yuko Kitagawa
1Law School, Keio University.
Insights
Medical practice standards vary by institution, but doctors must reference clinical guidelines due to rapid information spread. Patients must be informed of novel treatments outside guidelines if they express specific concerns.
Area of Science:
- Medical Law
- Healthcare Standards
- Clinical Practice
Context:
- Legal standards of medicine differ across medical institutions.
- Doctors are expected to stay updated with medical information relevant to their institution's characteristics.
- Publicly formed clinical guidelines may not directly equate to institutional medical standards.
Purpose:
- To analyze the evolving legal landscape of medical practice standards.
- To examine the influence of rapidly disseminating medical information on legal obligations.
- To clarify the role of clinical guidelines in contemporary medical practice.
Summary:
- Medical practice standards are not uniform across all healthcare institutions.
- While clinical guidelines are not direct legal standards, rapid information dissemination necessitates their reference.
- Physicians have a legal duty to inform patients about non-standardized treatments if patients show specific interest.
Impact:
- Highlights the dynamic nature of medical legal standards in the digital age.
- Emphasizes the importance of continuous medical education and information accessibility.
- Underscores the physician's responsibility in patient communication regarding treatment options.
Abstract:
Legal standard of medicine is not equal across the all kinds of medical institutions. Each medical institution is required its respective standard of medicine in which its doctors are expected to have studied medical informations, which have been spread among medical institutions with similar characteristics. Therefore, in principle, clinical guidelines for the treatment of a disease formed by public committees do not directly become the medical standards of respective disease treatment. However, doctors would be legally required to practice medicine with reference to the clinical guidelines because medical informations, mediated by internet or many kinds of media, have been spread very fast to all medical institutions these days. Moreover, doctors would be required to inform their patients of non-standardized new treatments, even if such treatments are not listed in clinical guidelines in case patients have special concern about new treat-
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