The new standard for medical malpractice: What makes a clinical guideline legally defensible?

Under the American Law Institute’s new malpractice framework, courts are encouraged to consider clinical guidelines — but not all guidelines are created equal.

In an interview with Medical Economics, Daniel Aaron, M.D., J.D., explains what makes a guideline “legitimate” in the eyes of the law, and what physicians and health system leaders should watch for.

“Most guidelines that physicians organizations issue are going to likely be legitimate,” Aaron said. “Physicians should do what they generally do, which is defer to their organization's guidelines.”

The restatement specifically warns against giving weight to guidelines issued by non-physician or non-expert groups. “Courts will ensure that guidelines are legitimate and evidence based and reputable,” Aaron said. “They’re not going to reflexively follow unsupported guidelines.”