What are the causes and outcomes of malpractice litigation in medical imaging technologists and sonographers? A scoping review

Abstract

Introduction

Medical imaging examinations are performed by radiographers, nuclear medicine technologists (NMT) and sonographers. Radiology litigation has been extensively studied, however, litigation involving imaging professionals is not. This scoping review aims to identify the causes and outcomes of malpractice litigation among medical imaging technologists and sonographers.

Methods

A scoping review in accordance with the Joanna Briggs Institute Manual for Evidence Synthesis and the Preferred Reporting Items for Systematic Reviews and Meta-Analyses – Scoping Review checklist was performed using five databases and five grey literature sources. Australian professional bodies, insurance companies and coronial services were contacted. Literature published between 2018-2023 were included. No exclusions were placed on the practitioner’s age, sex, or levels of clinical experience.

Results

Thirty-five cases and one study were included. Of the 35 cases, 26 were radiographer cases (X-ray and magnetic resonance imaging), one was a NMT case and eight were sonographer cases. The main categories that led to litigation for radiographers were unprofessional behaviour (16.87%), lack of competency and/or misconduct (13.25%) and errors in imaging technique (9.64%). Lack of competency and/or misconduct (17.02%), operator-dependent errors (12.77%) and incorrect reporting and/or documentation issues (10.64%) were the main categories for sonographer litigation. Being struck off from a professional register was the most common case outcome (22.64%) for radiographers, while conditions of practice (20.00%), voluntary removal (20.00%) and suspension (20.00%) were equally tied for sonographer case outcomes.

Conclusion

Categories of malpractice litigation and discipline-specific technical errors leading to litigation were identified for MITs and sonographers. Lack of studies in this area suggest further research is required to confirm our findings.

Implications for practice

Identifying the common causes of malpractice litigation can reveal strategies to mitigate litigation risks and improve patient safety. Our findings can educate students, practitioners and promote best practice policies.