Commentary: Helling v. Carey, Caveat Medicus.
Forensic experts should be aware of the increasing importance of clinical practice guidelines (CPGs) in various legal settings. CPGs are a type of learned treatise and are accepted into court proceedings under hearsay exception provisions. The courts now use CPGs as shorthand for the standard of care in making malpractice determinations. However, medical guidelines can function as a sword or a shield in the courtroom arena. The Helling v. Carey medical malpractice case serves as a frightful reminder of the potential consequences of allowing courts to craft their own standards of medical care.
Kelly
D Clay
DC
Division of Forensic Psychiatry, Department of Psychiatry and Neurology, Tulane University School of Medicine, New Orleans, LA 70112, USA.
Manguno-Mire
Gina
G
D005104:Expert Testimony; D005901:Glaucoma / Q000175:diagnosis; D006296:Health Services / Q000331:legislation & jurisprudence* / Q000592:standards*; D006801:Humans; D008318:Malpractice; D008365:Manometry; D017410:Practice Guidelines as Topic; D010818:Practice Patterns, Physicians' / Q000331:legislation & jurisprudence* / Q000592:standards*; D014481:United States