Also, physicians need to know when they're deviating from the guidelines and how to defend such decisions. Gathers' death cut short an athletic career that might have led to the National Basketball Association. The suit was based on allegations of negligence, interference with Gathers' medical care, and a host of other claims detailed in 52 pages of the plaintiff's court papers. To determine how practice guidelines are used in malpractice litigation, researchers from three institutions recently surveyed nearly 1,000 attorneys who prosecute medical malpractice claims. Researchers also reviewed 259 malpractice claim files from two insurance companies.
Attorneys believe that the use of practice guidelines for litigation purposes is increasing.
Practice guidelines are more frequently used to attack physicians than to defend them. The use of practice guidelines to defend physicians' actions reduces the propensity of malpractice attorneys to file suits or to pursue claims. The researchers also predicted that the perceived increasing use of practice guidelines may increase litigants' use of expert witnesses. Though the researchers felt that the use of practice guidelines in malpractice litigation may lead to greater compliance with such statements, they also believed that the frequent use of such standards against physicians might have a chilling effect on physicians' interest in developing more specific and prescriptive guidelines. Though the litigation was settled without trial, it should serve to warn sports medicine providers about what may be at stake.