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Surely it should be the other way round. If you are not doing what the evidence says you should, you are not doing what is best for your patients. In order to prove negligence the patient has to show that there was a duty of care (ie you were their docotr and they were your patient), and that there was an act of ommision or commision, and that this led to harm coming to the patient. They also have to show that the harm was a direct result and that the outcome would have been better if the act of ommision or commision had not occured (if you see what I mean). If they can show that your everyday practice was not of the current standard, and that they have been harmed as a result, then an act of ommision (not doing the best) has occured. If they are thus harmed, you can be sued. If you do something that is in their best interests, they have to show harm and the connection with the doctor and the act. They may sue you for not giving a treatment that other doctors give which you have seen evidence should not be given as it is of no use. If they get worse they may think that as you have not given such a treatment they have been harmed by you . But they cannot show harm has come to them as a result of non-treatment by not giving it if there is evidence to back you up. Trefor Dr Trefor Roscoe Lecturer Sheffield University Medical School Webmaster Medical-Legal.co.uk -----Original Message----- From: Allen Shaughnessy <[log in to unmask]> To: Ebm Listserv (E-mail) <[log in to unmask]> Date: 16 July 1999 14:31 Subject: Liability of EBM >I can't seem to talk for more than about 10 minutes to any group of U.S. >physicians without someone saying, "yes, well, EBM may be the way to go. But >if I don't practice medicine like my colleagues do, I'll get sued." > >Does anyone know the state of affairs regarding the affect of practice >guidelines or an evidence-based approach, positive or negative, on >malpractice liability? > >Allen > >Allen Shaughnessy, PharmD >Director of Research >Harrisburg Family Practice Residency >PinnacleHealth System >P.O. Box 8700 >Harrisburg, PA 17105-8700 >717-231-8651 >[log in to unmask] > > > %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%