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Paul,
In my experience as a manager, writing both
clinical and administrative protocol/policy/procedure, you must always leave
flexibility, allowing for the experience and judgment of those in your charge. I
would argue that the main reason you wound up as a defendant originally was
because the policy didn't allow for variation. One must remember that we
are practicing a form of medicine - which will always be as much an art as it is
a technical science. Not every situation or patient fits into the "cookie
cutter" the way some administrators and medical directors think they should (no
offense intended - been there myself).
One nice thing to do is to have a "catch all"
policy stating that a clinician, acting in good faith to his/her duty to the
patient, may under unforseeable circumstances, deviate from policy and procedure
as long as the deviation, rationale for deviation (benefit/risk), and patient
outcome are documented.
Just my .02 worth...
Lee Watson
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