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{"title":"Navigating Malpractice: Guide for U.S. Radiologists.","authors":"Luke M Wojdyla, James Y Chen","doi":"10.1148/rg.240092","DOIUrl":null,"url":null,"abstract":"<p><p>The majority of radiologists will face litigation in their careers, yet it remains an uncommon topic for training programs and educational conferences. The authors explore the landscape of radiology malpractice litigation to equip radiologists with essential knowledge before and in the event of a lawsuit. Radiologists should understand the four components necessary to be found liable for medical negligence: patient duty, breach of standard of care, injury, and proximate causality between the breach of standard of care and the injury. The authors introduce the mechanics of a lawsuit, common causes of lawsuits, and factors affecting risk. Many current radiologic norms and standards derive from legal precedent; examining these precedents and their effects on current practice through the context of prior litigated cases can help radiologists understand their evolving roles and responsibilities. Ultimately, 63% of malpractice claims are dismissed or dropped, 28% reach settlement agreements, and the remaining claims proceed to trial, where most result in defense wins. Radiologists should be familiar with common practices that may affect their legal risk, as well as potential misunderstandings regarding the discoverability of morbidity and mortality conferences, tumor boards, and other interdisciplinary conferences. Although litigation may not always be preventable, radiologists who understand the U.S. malpractice and medicolegal environment will be better positioned to mitigate unfavorable patient and legal outcomes. <sup>©</sup>RSNA, 2025.</p>","PeriodicalId":54512,"journal":{"name":"Radiographics","volume":"45 5","pages":"e240092"},"PeriodicalIF":5.2000,"publicationDate":"2025-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Radiographics","FirstCategoryId":"3","ListUrlMain":"https://doi.org/10.1148/rg.240092","RegionNum":1,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"RADIOLOGY, NUCLEAR MEDICINE & MEDICAL IMAGING","Score":null,"Total":0}
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Abstract
The majority of radiologists will face litigation in their careers, yet it remains an uncommon topic for training programs and educational conferences. The authors explore the landscape of radiology malpractice litigation to equip radiologists with essential knowledge before and in the event of a lawsuit. Radiologists should understand the four components necessary to be found liable for medical negligence: patient duty, breach of standard of care, injury, and proximate causality between the breach of standard of care and the injury. The authors introduce the mechanics of a lawsuit, common causes of lawsuits, and factors affecting risk. Many current radiologic norms and standards derive from legal precedent; examining these precedents and their effects on current practice through the context of prior litigated cases can help radiologists understand their evolving roles and responsibilities. Ultimately, 63% of malpractice claims are dismissed or dropped, 28% reach settlement agreements, and the remaining claims proceed to trial, where most result in defense wins. Radiologists should be familiar with common practices that may affect their legal risk, as well as potential misunderstandings regarding the discoverability of morbidity and mortality conferences, tumor boards, and other interdisciplinary conferences. Although litigation may not always be preventable, radiologists who understand the U.S. malpractice and medicolegal environment will be better positioned to mitigate unfavorable patient and legal outcomes. © RSNA, 2025.
医疗事故导航:美国放射科医生指南。
大多数放射科医生在他们的职业生涯中都会面临诉讼,但这仍然是培训项目和教育会议上不常见的话题。作者探讨景观放射医疗事故诉讼装备放射科医师的基本知识之前和在诉讼的事件。放射科医生应该了解对医疗过失负责的四个必要组成部分:患者责任、违反护理标准、伤害以及违反护理标准与伤害之间的直接因果关系。作者介绍了诉讼的机制,诉讼的常见原因,以及影响风险的因素。许多现行的放射学规范和标准源自法律先例;通过先前诉讼案件的背景检查这些先例及其对当前实践的影响可以帮助放射科医生了解他们不断发展的角色和责任。最终,63%的医疗事故索赔被驳回或撤销,28%达成和解协议,其余索赔进入审判阶段,其中大多数以辩方获胜告终。放射科医生应该熟悉可能影响其法律风险的常见做法,以及关于发病率和死亡率会议、肿瘤委员会和其他跨学科会议的可发现性的潜在误解。虽然诉讼可能并不总是可以预防的,但了解美国医疗事故和医疗法律环境的放射科医生将更好地定位于减轻不利的患者和法律后果。©RSNA, 2025年。
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