Does a Clinical Decision Aid Constitute the Legal Standard of Care?

Healthcare attorney Victor Moldovan recently spoke with Relias about whether an emergency physician (EP) who fails to follow a clinical pathway can be charged with violating the duty of care. The article looks at all sides of the potential argument, explaining how the physician must be able to justify whatever decision they make, as even following the clinical pathway may not be enough to absolve them from a malpractice lawsuit. Mr. Moldovan analyzed these different arguments, explaining the onus is ultimately on the physician to determine the best course of action for a patient.

“However, a clinical pathway is always a suggestion, based on experiences. Each physician must determine in each case whether the pathway recommended is appropriate,” he said.

READ: Does a Clinical Decision Aid Constitute the Legal Standard of Care?