The theoretical prospects for medical practice policies to reform malpractice law by giving conclusive defensive effect to medical custom were studied. A practice policy, however rigorous, is of no use if the nature of the claimed error is either incorrect performance of the treatment in question or failure to recognize the correct practice policy to employ by virtue of a falure in diagnosis.
Mark A. Hall,
The Defensive Effect of Medical Practice Policies in Malpractice Litigation,
54 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol54/iss2/6