Dr Elisa Calabrese1,3,4,5, Professor Marie Bismark2, Professor Wendy Babidge1,3, Professor Guy Maddern1,3,6
1University of Adelaide, Adelaide, Australia, 2University of Melbourne, Melbourne, Australia, 3Royal Australasian College of Surgeons, Adelaide, Australia, 4Society of American Gastrointestinal and Endoscopic Surgeons, Los Angeles, United States, 5University of California San Francisco – East Bay, Oakland, United States, 6The Queen Elizabeth Hospital, Adelaide, Australia
Abstract:
Background:
Clinical practice guideline development is a time and resource intensive process with variable impact on practice patterns. One aspect of these recommendations is their implications in the medico-legal realm. A better understanding of their role in this field may create transparency for clinicians, and assist with the distrust that can exist, ultimately helping with the guideline’s implementation and adaptation.
Methods:
The databases Austlii, Westlaw AU, and Lexis Advance were systematically searched for case law related to clinical guidelines and complaints, disciplinary action, or medical negligence lawsuits over a one year period (2023-2024). Each case was reviewed, and thematic analysis was performed to determine what the patterns were surrounding frequency of guideline use and in what areas they were used in the case.
Results:
Despite the importance of guidelines in clinical practice, there is a paucity of research on the medico-legal implications of guidelines. The findings of this study may help clinicians to understand the medico-legal consequences of following or departing from guidelines and may also help to inform the development and application of guidelines in future.
Conclusions:
To our knowledge, clinical practice guidelines have never been systematically evaluated for their presence and impact on decision making in the medico-legal field. The results of this study could change the perspective and implementation of clinical practice guidelines.
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