实践指导方针可以减少不当行为索赔的数量和成本吗?
D W Garnick1, A M Hendricks, T A Brennan
1Program on Health Care Financing and Insurance, Harvard School of Public Health, Boston, MA.
JAMA
|November 27, 1991
概括
实践指南可能会减少不当行为索赔,但它们的有效性有限. 关于它们在法律环境中的发展,接受,整合和清晰度的关键假设往往没有得到满足,这使人们质疑它们对诉讼成本的短期影响.
科学领域:
- 医疗疏忽法律 医疗疏忽法律
- 临床实践指南 临床实践指南
背景情况:
- 实践指南有潜力减少不当行为案件和结算成本.
- 它们的影响取决于关于发展,接受,整合和可解释性的特定假设.
研究的目的:
- 评估在法律环境中实践指南的有效性背后的假设.
- 评估实践指南的潜力,以减少不当行为诉讼成本.
主要方法:
- 分析实践指南中的四个关键假设的有效性,以影响诉讼.
- 对现有文献和法律先例的审查,关于在不当行为案件中的实践指南.
主要成果:
- 关于常见索赔,专业接受,临床整合和诉讼清晰度的指导方针制定的假设的有效性可能受到质疑.
- 这些局限性挑战了指导方针对不当行为诉讼的直接影响.
结论:
- 假设实践指南将在不久的将来显著降低不良行为诉讼成本,这可能是过于乐观的.
- 解决被质疑的假设对于实现法律环境中实践指南的潜在好处至关重要.
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