Legal Studies and Business Ethics Papers

Document Type

Journal Article

Date of this Version

2001

Publication Source

Journal of Health Politics, Policy and Law

Volume

26

Issue

2

Start Page

327

Last Page

368

DOI

10.1215/03616878-26-2-327

Abstract

This article examines how courts are likely to apply evidence-based medicine, and particularly clinical practice guidelines (CPGs), in healthcare litigation involving quality-of-care and entitlement-to-benefits (coverage) claims. Exploring the “politics” of the current situation, it observes that, just as clinicians have been reluctant to use CPGs in practice, courts have been, and likely will continue to be, slow to apply them in deciding cases., The article analyzes extant and proposed statutory approaches to legitimizing and promoting courts’ use of CPGs. It concludes by renewing the author’s earlier and controversial proposal to establish a voluntary federal program for certifying guidelines and directing courts to give certified CPGs greater weight in healthcare litigation.

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Date Posted: 27 November 2017

This document has been peer reviewed.