LA RECEPTION JUDICIAIRE DES DIRECTIVES ENCADRANT LES ACTIVITES CLINIQUES DES MEDECINS

Abstract

This article examines the question of clinical practice guidelines (CPGs) as an instrumental expression of the “evidence-based medicine” movement, the rising paradigm of medical good practice. To consider the CPGs as a specific expression of medical epistemology in contrast with the law’s interface with science is likely to provide better insight as to how – and why – CPGs are received the way they are in a judicial context. This article uses professor Arnold J Rosoff ’s modelization of the various possible approaches courts might endeavour in the light of particular features of Quebec medical liability and disciplinary law.