ABSTRACT
In response to the clinical practice guideline introduced by a claimant, defendants often respond that guidelines are just that – guidelines – and are not mandated standards. In one case, for example, the claimants argued that an emergency department physician arbitrarily deviated from the American Heart Association’s guidelines for advanced cardiac life support by administering the drug atropine rather than epinephrine. In response, the defendant said that the AHA guidelines are not mandatory and may be altered by the physician. In this case, the court affirmed the lower court’s ruling of summary judgment in favor of the defendant and, thus, did not see the general AHA guidelines as more significant or persuasive than the particular facts of the case.32 Of special interest is a case alleging a failure to diagnose breast cancer, in which the claimant sought admissibility of a physician malpractice carrier’s risk management guidelines for breast cancer. The court refused to admit the guidelines on the basis that they were promulgated by a private insurance company as part of an insurance contract, and did not represent standard medical practice.33
