Overlooked and Underused: Clinical Practice Guidelines and Malpractice Liability for Independent Physicians

Ronen Avraham

Volume 20

Issue 2

PUBLISHED

Spring 2014

Abstract

This paper discusses how the use of Clinical Practice Guidelines (CPGs) can improve the quality and delivery of healthcare in America. The author states that with the passage of the Patient Protection and Affordable Care Act of 2010, the American healthcare system is in need of realignment, specifically challenging the established norms for promulgating CPGs. The article explores the legal evolution of CPGs and new legal avenues for their promulgation by examining their history and purpose. The author concludes by identifying three accountability models and arguing in favor of a private competitive regime for CPGs.