Becoming the Standard: How Innovative Procedures Benefitting Public Health are Incorporated into the Standard of Care

Journal of Law, Medicine and Ethics 39 (s1):102-105 (2011)
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Abstract

Physicians’ resistance to implementing innovative medical procedures due to a perceived risk of liability can adversely affect the public’s health. This resistance prevents public access to procedures that could better treat communicable or chronic diseases. Innovative procedures, for the purpose of this article, are medical practices that require physicians to modify current clinical approaches to treating or diagnosing a patient’s condition and incorporate: newly developed tests, treatments, drugs or devices ; or novel methods not commonly used by a majority of physicians. Innovative procedures do not include treatments provided during clinical research or those beyond a physician’s scope of practice.

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