Jove
Visualize
Contact Us
JoVE
x logofacebook logolinkedin logoyoutube logo
ABOUT JoVE
OverviewLeadershipBlogJoVE Help Center
AUTHORS
Publishing ProcessEditorial BoardScope & PoliciesPeer ReviewFAQSubmit
LIBRARIANS
TestimonialsSubscriptionsAccessResourcesLibrary Advisory BoardFAQ
RESEARCH
JoVE JournalMethods CollectionsJoVE Encyclopedia of ExperimentsArchive
EDUCATION
JoVE CoreJoVE BusinessJoVE Science EducationJoVE Lab ManualFaculty Resource CenterFaculty Site
Terms & Conditions of Use
Privacy Policy
Policies

Related Experiment Videos

Practice guidelines and malpractice litigation: a two-way street

A L Hyams1, J A Brandenburg, S R Lipsitz

  • 1Department of Health Policy and Management, Harvard School of Public Health, Boston, MA 02115.

Annals of Internal Medicine
|March 15, 1995
PubMed
Summary
This summary is machine-generated.

Related Concept Videos

You might also read

Related Articles

Articles linked to this work by shared authors, journal, and citation graph.

Sort by
Same author

Reducing surgical mortality in Scotland by use of the WHO Surgical Safety Checklist.

The British journal of surgery·2019
Same author

Minimally invasive surgery and its impact on 30-day postoperative complications, unplanned readmissions and mortality.

The British journal of surgery·2017
Same author

Impact of a transition to more restrictive drug formulary on therapy discontinuation and medication adherence.

Journal of clinical pharmacy and therapeutics·2016
Same author

Physician Perceptions and Beliefs about Generating and Providing a Clinical Summary of the Office Visit.

Applied clinical informatics·2015
Same author

Physician beliefs about the impact of meaningful use of the EHR: a cross-sectional study.

Applied clinical informatics·2014
Same author

Mortality and drug exposure in a 5-year cohort of patients with chronic liver disease.

Swiss medical weekly·2009
Same journal

Correction to I.M. Matters News: Sleep medicine for seniors.

Annals of internal medicine·2026
Same journal

Adverse Events After Same-Day COVID-19 and Influenza Vaccination Versus Influenza Vaccination Alone : A Target Trial Emulation.

Annals of internal medicine·2026
Same journal

Leveraging Real-World Evidence to Inform Regulatory, Clinical, and Coverage Decisions Related to Glucagon-Like Peptide-1-Based Therapies: Synopsis of a National Institute of Diabetes and Digestive and Kidney Diseases Workshop.

Annals of internal medicine·2026
Same journal

Methodological Approaches to Real-World Evidence Generation for Glucagon-like Peptide-1-Based Therapies: Synopsis of a National Institute of Diabetes and Digestive and Kidney Diseases Workshop.

Annals of internal medicine·2026
Same journal

Weekly and Biweekly Treatment With Bofanglutide Versus Semaglutide in Chinese Patients With Type 2 Diabetes : A Phase 2b Randomized Clinical Trial.

Annals of internal medicine·2026
Same journal

Grappling with GLP-1 prescribing.

Annals of internal medicine·2026
See all related articles

Medical practice guidelines are used by both plaintiff and defense attorneys in malpractice lawsuits. While often used to implicate physicians, guidelines can also deter suits when they appear to exonerate defendants.

Area of Science:

  • Medical Law
  • Health Policy
  • Clinical Practice Guidelines

Background:

  • Practice guidelines are increasingly emphasized in health reform.
  • Their role in medical malpractice litigation is not well understood.
  • Understanding guideline utilization is crucial for evaluating their impact.

Purpose of the Study:

  • To investigate the utilization of practice guidelines in U.S. medical malpractice litigation.
  • To determine how attorneys use guidelines as evidence.
  • To assess the perceived value of guidelines in litigation and suit initiation.

Main Methods:

  • A mixed-methods approach was employed, including a review of 259 medical malpractice claims from two insurance companies (1990-1992).
  • A survey of 960 randomly selected malpractice attorneys was conducted (60.1% response rate).

Related Experiment Videos

  • Data collected focused on the frequency and nature of guideline use in litigation.

    • Main Results:

    • Practice guidelines were involved in 17 of 259 reviewed claims, used as exculpatory evidence in 4 and inculpatory evidence in 12.
    • Attorneys reported guidelines are used for inculpatory purposes in 54% of cases and exculpatory in 22.7% after suit initiation.
    • Guidelines perceived as exculpatory may deter attorneys from filing suits; longer physician-patient relationships were associated with guideline use.

    Conclusions:

    • Practice guidelines serve dual roles, utilized by both plaintiffs' and defendants' attorneys in malpractice cases.
    • The potential exculpatory value of guidelines warrants careful consideration in health reform discussions.
    • Guideline use in litigation is influenced by factors beyond their content, including attorney specialization.