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Medical practice guidelines in malpractice litigation: an early retrospective

A L Hyams1, D W Shapiro, T A Brennan

  • 1Harvard School of Public Health, USA.

Journal of Health Politics, Policy and Law
|January 1, 1996
PubMed
Summary

Medical practice guidelines are used by courts for both supporting and refuting malpractice claims. However, legislatures aim to use them solely for malpractice defense, creating a legal imbalance.

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Area of Science:

  • Legal Medicine
  • Health Policy
  • Medical Malpractice Law

Background:

  • Theoretical discussions exist on practice guidelines in malpractice litigation.
  • Limited empirical data is available on judicial application and legislative intent regarding guidelines in malpractice cases.
  • The influence of medical malpractice on the development and use of practice guidelines remains under-explored.

Purpose of the Study:

  • To analyze how courts utilize medical practice guidelines in malpractice litigation.
  • To examine legislative efforts to link guideline compliance with malpractice defenses.
  • To understand the dual role of guidelines in common-law versus legislative contexts.

Main Methods:

  • Comprehensive review of relevant case law and legislative enactments.

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  • Analysis of data from a nationwide survey of malpractice attorneys.
  • Legal and empirical analysis to determine the practical application of guidelines.

    • Main Results:

    • Courts currently employ practice guidelines for both inculpatory (incriminating) and exculpatory (defensive) purposes in litigation.
    • State legislatures show a distinct interest in utilizing guidelines exclusively for exculpatory purposes.
    • This creates a divergence between judicial practice and legislative intent regarding guideline application.

    Conclusions:

    • Medical practice guidelines serve a dual role in common-law malpractice litigation.
    • Legislative initiatives aim for a unidirectional application of guidelines, primarily for defense.
    • The differing approaches highlight a potential tension in how guidelines are integrated into the legal system.