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

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

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 Defe i e edi i e – Defensive medicine

Goals of Reform

• Promote accountability for both decisions

and performance and performance

• Compensation for damages and injuries
• Compensation for damages and injuries

E hi h l l

• Encourage higher level care

Safe Harbor Proposal

• Development of evidence-based clinical

practice guidelines practice guidelines

• Document adherence to those guidelines

U li h l h i f i h l

• Use quality health information technology

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?

P ti t h b i l ti l i t – Patients who bring malpractice claims must show their doctor did not meet the standard

• f care
• f 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