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Practice guidelines & medical malpractice litigation
1Pace Law School, New York, USA.
Medicine and Law
|January 1, 1997
Summary
Practice parameters, or medical treatment guidelines, were developed to improve care quality and reduce malpractice litigation. These scientifically developed standards aim to replace vague legal standards of care, potentially decreasing spurious claims and defensive medicine.
Area of Science:
- Medical Law and Ethics
- Health Policy
- Quality Improvement
Background:
- Legislation in 1973 mandated Peer Review Organizations to monitor Medicare services.
- A provision suggested the development of medical treatment guidelines.
- These guidelines evolved into government-subsidized "practice parameters".
Purpose of the Study:
- To explore the creation and impact of practice parameters and risk management protocols.
- To analyze their role in tort reform and medical malpractice litigation.
- To assess their legal effect and potential for widespread adoption.
Main Methods:
- Review of legislative history and evolution of practice parameters.
- Analysis of the intersection of medical standards and legal standards of care.
- Examination of a state-led medical liability project developing practice parameters and risk management protocols.
Main Results:
- Practice parameters aim to objectify quality of care measurement.
- They are intended to reduce malpractice claims and defensive medical practices.
- One state is developing parameters with potential legal effect in malpractice trials.
Conclusions:
- Practice parameters represent a significant development in medical-legal reform.
- Their establishment, evidentiary use, and legal impact require further exploration.
- Widespread adoption could reshape medical malpractice litigation and standards of care.