The legally binding character of guidelines

Citation
S. Rotharmel et Jm. Fegert, The legally binding character of guidelines, Z KIND JUG, 28(4), 2000, pp. 277-284
Categorie Soggetti
Psychiatry
Journal title
ZEITSCHRIFT FUR KINDER-UND JUGENDPSYCHIATRIE UND PSYCHOTHERAPIE
ISSN journal
14224917 → ACNP
Volume
28
Issue
4
Year of publication
2000
Pages
277 - 284
Database
ISI
SICI code
1422-4917(200011)28:4<277:TLBCOG>2.0.ZU;2-7
Abstract
Guidelines as recommendations by the medical associations concerning the di agnosis and treatment Of Certain diseases do not have the character of judi cial norms. However they may have an impact on decision-making in court. Wi thin social security insurance law, and especially in medical malpractice l itigation the medical Standard has become a legal term. As far as statement s in guidelines render the actual standard as affirmed, the more binding is their character with respect to judicial questions This article deals with this interplay between medical quality assurance and the legal demands on medical action- AS a basis for discussion Of this issue the relevant jurisd iction will be represented. Tts impact On the guidelines for child and adol escent psychiatry will be pointed out as a concrete example.