The expert must have clinical and educational experience in the type of radiological examination or procedure that is the subject of malpractice, as well as experience in testifying in medical malpractice claims. Its role is of paramount importance because it replaces the ignorance of the judge in specific matters of medicine and radiology, so that it can be called “the bridge” between law and medicine. The most common complication of examinations by radiologists is a vascular injury, which often requires angiography or other interventional procedures that use a series of images to guide a minimally invasive procedure. “Slip and fall” is a term commonly used by risk managers, lawyers and insurance staff to describe complaints from patients who complain of injuries from falling off examination tables, chairs or carts. sliding on floors; tripping over furniture; or accidentally struck by equipment or parts thereof. These incidents may or may not occur in the presence of the radiology technologist or radiologist. Although the professional judgment of radiologists is generally not an issue in these cases, radiologists are still often named as sole defendants or co-defendants in such cases, so the radiologist`s professional liability insurance institution bears the costs of defense and any fines. Researchers describing the nature of medical malpractice cases filed over a 20-year period in Cook County, Illinois, found that slip and fall cases accounted for about 5% of all radiological cases.4 A. Fileni and N. Magnavita, “A 12-year follow-up study of malpractice claims against radiologists in Italy”, Radiologia Medica, volume 111, no.
7, pp. 1009-1022, 2006. Several radiology associations have provided practice and quality improvement guidelines for each type of imaging or interventional procedure. Another step in a lawsuit is proof of the “standard of care” applied by the physician or less. The definition of the standard of due diligence may vary from jurisdiction to jurisdiction. A legal definition of the standard of due diligence is “the vigilance, care, prudence and prudence that a reasonable person would exercise in the circumstances; Failure to meet the standard of care is referred to as negligence. In general, negligence may be justified if all of the following are present: (1) the physician was required to provide care, (2) the physician breached that duty by being negligent, (3) the patient suffered immediate harm, and (4) there was a causal link between the breach and the alleged failure to care . It is becoming increasingly important to appreciate the relationships that need to be established between radiologists and their patients when it comes to preventing a range of medico-legal problems.
These types of additional duties and responsibilities occur when many physicians, medical professionals, and even the general public feel they are already overburdened with a number of legal duties and responsibilities. To improve job satisfaction, radiologists should be aware of the law`s legitimate relationship with everyday life. Miscommunication with treating physicians (0.71 claims per 1000 person-years) or patients (0.40 claims per 1000 person-years) are a rare cause of malpractice lawsuits against radiologists. One would think that radiology would be a relatively risk-free place for medication errors. They would think badly. According to a report by the Center for the Advancement of Patient Safety, medication errors that harm patients are seven times more common in radiology departments than anywhere else in the hospital. What for? Just like we just mentioned above, communication outages go a long way. The most common mistakes were victims who received the wrong dose or medication, did not receive the medication they needed, or did not receive the medication correctly. To avoid malpractice, the radiologist must ensure the following.
i) The patient has the right information to make a decision. ii) The information has been presented in a way or language that the patient can understand. iii) The patient has shared the course of the radiological examination and is convinced of it and agrees with the result. Compared to medical malpractice cases against other types of physicians, radiologist errors have a very high success rate. More than 80% of radiological misconduct lawsuits end in an out-of-court settlement. When cases against radiologists are brought to court, plaintiffs save about 50% of the time, compared to 10-15% in cases against other types of doctors. In recent years, the professional role of the radiologist has evolved due to the increasing involvement in the clinical management of the patient. Radiologists are therefore increasingly burdened with new tasks and responsibilities, exposing them to higher risks of legal claims against them. Radiology malpractice lawsuits are often related to improper medical care or the poor doctor-patient relationship.
In this article, we provide an overview of the basics of malpractice law and the essential legal issues and causes of lawsuits against diagnostic and interventional radiologists. We also look at some topics to help radiologists reduce the risks and consequences of malpractice lawsuits. These include (1) meeting the standard of care to the best of our ability, (2) using off-label products prudently, (3) improving communication skills between healthcare professionals and with the patient, and (4) ensuring they are covered by adequate malpractice insurance. Finally, we have described definitions of some medico-legal terms and concepts that are considered useful to radiologists. M. Mendiratta-Lala, R. L. Eisenberg, J. R.
Steele, P. M. Boiselle and J. B. Kruskal, “Quality Initiatives: Measuring and Managing the Process Competence of Radiologists,” Radiography, Vol. 31, No. 5, pp. 1477-1488, 2011. Contrary to ethical and legal expectations, physicians are often reluctant to report medical errors to their patients [40, 41]. Those studying law in health law school know that there are many legal implications in any health profession with respect to the quality of care provided by a health care profession.
This is no different in radiology, as radiologists must comply with strict laws, guidelines, and guidelines when it comes to ensuring timely service to patients, referring patients, refusing treatment, and ensuring that patients receive information about the results of an X-ray examination.