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Health Care Policies and Procedures As a Basis for Liability

By Neil Edwards and Meg Twomey
July 02, 2015

Well-crafted policies and procedures are an essential part of the operation of modern health-care facilities. They promote practice consistency and are believed to improve clinical outcomes; however, in the event of a bad outcome, policies and procedures become evidence in litigation, and “violations” frequently become the central focus of malpractice claims.

When violations of policy are brought up by claimants, they argue that the policies and procedures prove the applicable standard of care. Defendants counter that policies and procedures are “aspirational guidelines” or “best practices,” but not proof of the standard of care.

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