LA RECEPTION JUDICIAIRE DES DIRECTIVES ENCADRANT LES ACTIVITES CLINIQUES DES MEDECINS

  • NICHOLAS LEGER-RIOPEL
Keywords: Health care, Health law, Medical liability, Fact based medicine, disciplinary right

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.

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Published
2012-07-01
Section
Legal Commentary