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Letters |1 October 1995

Practice Guidelines and malpractice Litigation

Edward E. Bartlett, PhD

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  • Georgetown University; Washington, DC 20007-2195
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TO THE EDITOR:
I am writing in response to the recent article by Hyams and colleagues [1].
I have done many reviews of malpractice claims files. As a rule, legal proceedings are handled by lawyers outside the insurance company. Claims files contain only a summary of the case, not the details of the legal strategies or sources of evidence being considered. Thus, it is not surprising that only 6.6% of claims files reflect use of practice guidelines, when 48.1% of attorneys report such use per year.
Of greater concern is the authors' conclusion, based on their review of claims files, that guidelines were used more frequently by plaintiffs than by defense attorneys. Their sample size of only 17 does not qualify for a pilot study and makes statistical analysis difficult at best.
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Bartlett EE. Practice Guidelines and malpractice Litigation. Ann Intern Med. ;123:556. doi: 10.7326/0003-4819-123-7-199510010-00026

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Published: Ann Intern Med. 1995;123(7):556.

DOI: 10.7326/0003-4819-123-7-199510010-00026

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