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  1. Practice guidelines and malpractice litigation : a two-way street.

    Article - En anglais

    Objective 

    To understand how practice guidelines are used in malpractice litigation.

    Design 

    Review of the open and closed malpractice claims of two medical malpractice insurance companies, and a mailed survey of attorneys who litigate malpractice claims.

    Setting 

    United States.

    Participants

    Two insurance companies and 960 randomly selected malpractice attorneys.

    Measurements 

    Frequency and nature of the use of practice guidelines in litigation ; understanding and frequency of the use of practice guidelines by attorneys in malpractice cases.

    Results 

    259 claims opened in 1990-1992 at two insurance companies, including all obstetrics and anesthesia claims and a random sample of other claims, were reviewed.

    Seventeen of these claims involved practice guidelines, which were used as exculpatory evidence (exonerating the defendant physician) in 4 cases and as inculpatory evidence (implicating the defendant physician) in 12 cases.

    Guidelines that seem to offer exculpatory value induce attomeys not to bring suits.

    The only attorney factor associated with increased use of guidelines was a practice in which more than 50% of business was in medical malpractice.

    Conclusions 

    Guidelines are used both by plaintiffs'and defendants'attomeys in malpractice cases.

    The emphasis in health reform proposals on guidelines as exculpatory evidence should be carefully considered.

    Mots-clés Pascal : Utilisation, Recommandation, Litige, Faute professionnelle, Médecine légale, Pratique professionnelle, Homme

    Mots-clés Pascal anglais : Use, Recommendation, Litigation, Malpractice, Legal medicine, Professional practice, Human

    Logo du centre Notice produite par :
    Inist-CNRS - Institut de l'Information Scientifique et Technique

    Cote : 95-0339100

    Code Inist : 002B30A10. Création : 01/03/1996.