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Guidelines exist to maintain a standard of care through use of evidence-based practice. However, standards of care may change over time as new evidence-based practice is discovered and vetted which then replaces or adjusts earlier evidence-based practice. Dunphy et al. (2019) noted this process with the changes of immunization guidelines since those were first introduced. Guidelines exist for health care screenings, preventative medication use, immunizations, etc. (Dunphy et al., 2019). United Preventative Services Task Force guidelines can be used to decide whether a test is appropriate or not for patients of various ages (Dunphy et al., 2019).
Practice standards define correct overall practice and are to be used in all circumstances (Dunphy et al., 2019). Guidelines provide information to assist decision making in practice and allow flexibility in patient care (Dunphy et al., 2019). However, guidelines are usually followed unless the circumstances of a patient’s circumstances denote another course of action necessary (Dunphy et al., 2019). Standards allow no flexibility in application while guidelines do (Dunphy et al., 2019). Using accepted standards of care minimizes malpractice risk as the provider using those practices is following what would constitute generally accepted care principles in a similar manner to an accountant using generally accepted accounting principles to successfully navigate an audit. Panagiotou (2018) sought to determine if clinical guidelines could be used as a standard of care. Issues related to guideline development, clinical effectiveness, adherence to the guideline, how well they relate to standard of care and processes related to medical liability (Panagiotou, 2018). Other issues include guidelines are often based on the expertise of the guideline writer(s) and are often not transparent as to the strength of research used in the development of the guideline (Panagiotou, 2018). Another issue is that guidelines are often not updated as regularly as perhaps they should. What would be the standard of care would also be debated in court as there are often multiple guidelines existing for any given condition (Panagiotou, 2018). Hence, using strong evidence and consensus that creates a standard of care provides a stronger level of risk reduction.
Ideas such as disclosure with care treatments and procedures also reduce risk of malpractice suits (whether as a general consent for treatment at a clinic or full-blown informed consent for a procedure at a hospital) through full risk-benefit discussion with a patient and their acceptance of those items. Providers describe the condition to be treated, a proposed treatment, risks and benefits associated with that treatment, alternative treatments and their risks and benefits (including not accepting any treatment), and any serious complications or mortality risks that may exist with any of the above (Paterick & Paterick, 2019). Standard of care with malpractice is centered on if the provider used appropriate caution, prudence, and attentiveness as defined by what a reasonable provider would do in similar circumstances (Paterick & Paterick, 2019). While there is some leeway in what fits these terms on a case-by-case basis, following accepted standards of care and guidelines provides the new practitioner with a way to do what reasonable providers do as they enter practice to begin to minimize their risk of a malpractice suit from the outset of their practice.

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