Legal Liability and Managed Care

Schouten, Ronald

doi:10.3109/10673229309017077

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Impact Of Rules Referring To Guidelines Aimed At Quality Imp1

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2006

2025

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“…1994). Court decisions in Canada, the USA and the UK showed their disapproval of medical decisions taking costs into consideration; when there is a choice between a doctor’s duty to the patient and that owed to the medical care system, the duty to the patient should prevail, as budgetary restraints may not inhibit the doctor from acting in the patient’s best interest (Morreim 1987, 1988, 1997; Boyd 1989; Schouten 1993; Bergkamp & Brouwer 1997; Broglie 1997, 2001; Capen 1997; Sweatman & Woollard 2002).…”

Section: Impact Of Rules Referring To Guidelines Aimed At Quality Impmentioning

confidence: 99%

Impact of cost containment measures on medical liability

Callens¹,

Volbragt²,

Nys³

2006

Evaluation Clinical Practice

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The article concludes that, as a result of the rising costs, it becomes increasingly difficult for a physician to balance his duty to take care on the one hand and his duty to control costs on the other. Maintaining a high standard of care towards patients becomes difficult. Consequently, one wonders whether the law should then allow the standard of care to be adjusted according to the available means. Until now, courts in a fault based system have not been willing to accept such an adjustment of the standard of care, but it might well be possible that this attitude will change in case of no-fault compensation systems.

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