Evidence-based medicine and the law: The courts confront clinical practiceguidelines

This article examines how courts are likely to apply evidence-based medicin e, and particularly clinical practice guidelines (CPGs), in healthcare liti gation involving quality-of-care and entitlement-to-benefits (coverage) cla ims. Exploring the "politics" of the current situation, it observes that, j ust as clinicians have been reluctant to use CPGs in practice, courts have been, and likely will continue to be, slow to apply them in deciding cases. , The article analyzes extant and proposed statu tory approaches to legitim izing and promoting courts' use of CPGs. It concludes by renewing the autho r's earlier and controversial proposal to establish a voluntary federal pro gram for certifying guidelines and directing courts to give certified CPGs greater weight in healthcare litigation.