| Clinical guidelines and professional liability: a short comment from the legal side. | |
| | |
MedLine Citation:
|
PMID: 20714197 Owner: NLM Status: MEDLINE |
Abstract/OtherAbstract:
|
The paper explores the relationship between clinical guidelines and medical liability. In order to ascertain the standard of care required for example in ear surgery, courts rely on expert opinions and on existing clinical guidelines from medical societies. They assume that clinical guidelines express the reasonable standard of care that, when followed, insulates surgeons from liability. But judges keep the right to find that a set of clinical guidelines does not sufficiently protect the patient's health interests. If in contrast clinical guidelines are overly cautious (e.g. by requiring a scientifically questionable examination), there is no incentive stemming from the legal rules on medical liability to deter surgeons from following the guidelines. However, a growing concern about health costs may in the future influence professional behaviour as much as fear of a malpractice suit today. |
| | |
Authors:
|
Olivier Guillod |
Related Documents
:
|
17725787 - How much do junior staff know about common legal situations in paediatrics? 16252597 - Medical negligence in italy: the criminal inquiry. 15561557 - Basics of elder law and legal liabilities of negligence and malpractice for physicians ... 3340967 - Effect of the legislative definition of the terms 'stillborn' and 'viable'. a medicoleg... 11901787 - Cough syrup addiction and rampant caries: a report of two cases. 7270617 - Febrile morbidity following cefamandole nafate intrauterine irrigation during cesarean ... |
Publication Detail:
|
Type: Journal Article Date: 2010-08-13 |
Journal Detail:
|
Title: ORL; journal for oto-rhino-laryngology and its related specialties Volume: 72 ISSN: 1423-0275 ISO Abbreviation: ORL J. Otorhinolaryngol. Relat. Spec. Publication Date: 2010 |
Date Detail:
|
Created Date: 2010-08-17 Completed Date: 2010-11-30 Revised Date: - |
Medline Journal Info:
|
Nlm Unique ID: 0334721 Medline TA: ORL J Otorhinolaryngol Relat Spec Country: Switzerland |
Other Details:
|
Languages: eng Pagination: 133-6; discussion 136-7 Citation Subset: IM |
Copyright Information:
|
Copyright 2010 S. Karger AG, Basel. |
Affiliation:
|
Institute of Health Law, University of Neuchâtel, Neuchâtel, Switzerland. olivier.guillod@unine.ch |
Export Citation:
|
APA/MLA Format Download EndNote Download BibTex |
| MeSH Terms | |
Descriptor/Qualifier:
|
Ear Diseases
/
surgery* Expert Testimony / legislation & jurisprudence, standards Humans Liability, Legal* Malpractice / legislation & jurisprudence* Otologic Surgical Procedures / legislation & jurisprudence*, standards* Practice Guidelines as Topic / standards* World Health |
From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine
Previous Document: Where does essential reporting stop and where does 'l'art pour l'art' begin while imaging the middle...
Next Document: Clinical indication as an ethical appraisal: the example of imaging before middle ear surgery.