Safe Harbors and Evidence-Based Medicine M Maura Calsyn C l - PowerPoint PPT Presentation

Safe Harbors and Evidence-Based Medicine M Maura Calsyn C l September 10, 2015

Current Environment • Risk of medical malpractice claims • Disconnect between lawsuits and adverse events • Negative impact on physicians • Harm to patients • Harm to patients – Injured patients wait for resolution – Defensive medicine Defe i e edi i e

Goals of Reform • Promote accountability for both decisions and performance and performance • Compensation for damages and injuries • Compensation for damages and injuries • Encourage higher level care E hi h l l

Safe Harbor Proposal • Development of evidence-based clinical practice guidelines practice guidelines • Document adherence to those guidelines • Use quality health information technology U li h l h i f i h l systems • Use clinical decision-support systems that incorporate guidelines

Safe Harbor Proposal • The guidelines are presumed to define the legal standard of care legal standard of care • What does that mean? – Patients who bring malpractice claims must P ti t h b i l ti l i t show their doctor did not meet the standard of care of care – Standard of care now evidenced-based

Safe Harbor Proposal • Patients may still present evidence that the guidelines were not applicable in their guidelines were not applicable in their case • Patients may use the guidelines to • Patients may use the guidelines to establish negligence by physicians