In this paper we explore the question of how to create and implement clinical practice guidelines in the new health care environment, including the Patient Protection and Affordable Care Act of 2010 (“Obamacare”). In the course of our analysis, we provide the first case review in almost two decades of how courts regard and apply clinical practice guidelines, primarily in malpractice litigation, and discuss recent reports on CPGs by the Institute of Medicine issued in 2011 and by the Agency for Healthcare Research and Quality (AHRQ) issued n 2012. These reports both endorse a model of legal governance based on government certification -- a seal of approval – of acceptable guidelines. We argue that exclusive reliance on this public model is misplaced, and that other alternatives such as a private regulation regime could be more effective.
- healthcare policy,
- clinical practice guidelines,
- medical malpractice
Available at: http://works.bepress.com/ronen_avraham/3/