BMJ  2004;329 (30 October), doi:10.1136/bmj.329.7473.0-e

Evidence based guidance affects courts' rulings

If slavish compliance with evidence based guidance could expose patients to foreseeable harm, such care might be considered substandard by some courts. In a clinical review (p 1024) Hurwitz discusses the impact that such guidelines might have on courts' criteria for deeming clinical care to be inappropriate or negligent. He concludes that evidence based guidelines do not set legal standards for clinical care, but they do provide courts with a benchmark by which to judge clinical conduct.

Credit: ALISDAIR MACDONALD/REX

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How does evidence based guidance influence determinations of medical negligence?

Brian Hurwitz
BMJ 2004 329: 1024-1028. [Extract] [Full Text] [PDF]