PROFESSIONAL LIABILITY EXPOSURES AND PROTECTION FOR RADIOLOGIC TECHNOLOGISTS :PROFESSIONAL LIABILITY EXPOSURES AND PROTECTION FOR RADIOLOGIC TECHNOLOGISTS ROBERT V. BEAN, ARM February 15, 2003


STATISTICS FOR RADIOLOGY :STATISTICS FOR RADIOLOGY Diagnostic Radiology is the third most frequent procedure performed for which patients sue Diagnostic exam and Prescription of meds Diagnostic Radiology is the fifth highest procedure in claims severity The area of Radiology is 6/28 in frequency Radiology is 17/28 in severity


Breast Cancer has become the single most common cause of malpractice claims in the US.... :Breast Cancer has become the single most common cause of malpractice claims in the US.... only claims involving perinatal injury are more expensive.


Mammograms are involved in the majority of breast cancer cases and are the most common source of claims in radiology. :Mammograms are involved in the majority of breast cancer cases and are the most common source of claims in radiology.


MAMMOGRAPHY CLAIMS :MAMMOGRAPHY CLAIMS 15% of all claims in Radiology involve mammograms 71% of those alleged the referring physician was not contacted 82% had communications problems


1990 :1990


1995 :1995


INFORMED CONSENT :INFORMED CONSENT 1975 Case Young v. Yarn required a disclosure in general terms In 1988 the General Assembly enacted a doctrine of informed consent November 2000, Ketchup v. Howard, case law established a common law doctrine of informed consent


INFORMED CONSENT :INFORMED CONSENT Ketchup v. Howard The Court of Appeals established a prospective requirement that “a medical professional, including a dentist, must inform a patient of the material risks of a proposed treatment or procedure which are or should be known, and they must inform a patient of available alternatives to the proposed procedure or treatment.”


REASONS PATIENTS SUE :REASONS PATIENTS SUE Poor Relationships Bad Outcomes Desire to Recover $$ Loss Poor Documentation


REASONS PATIENTS SUE :REASONS PATIENTS SUE Injury / Unexpected Outcomes Anger and Frustration Disparaging Comments


DETERMINING LIABILITY :DETERMINING LIABILITY Relationship Duty Breach of duty Injury Breach is proximate cause of injury Damages


STANDARDS OF CARE :STANDARDS OF CARE Cardiovascular - Interventional Technology Computed Tomography Magnetic Resonance Mammography Nuclear Medicine Radiation Therapy Radiography Sonography


STANDARDS OF CARE :STANDARDS OF CARE Clinical Performance Standards For the delivery of diagnostic and therapeutic procedures and treatments Quality Performance Standards Technical areas of performance Professional Performance Standards Education, relationships, self-assessment and ethics


POSITION STATEMENTS :POSITION STATEMENTS ASRT Organizational Issues Education Issues Licensure / Certification Issues Practice Issues Quality Management / Quality of Care / Safety Issues


ROLE OF THE RISK MANAGER :ROLE OF THE RISK MANAGER Risk Identification Risk Analysis Risk Avoidance Risk Control Risk Financing Risk Transfer


RISK MANAGEMENT FUNCTIONS :RISK MANAGEMENT FUNCTIONS Risk Identification Loss Prevention / Reduction Occurrence / Incident Reporting And Investigation Overall Insurance And Claims Administration


RISK MANAGEMENT FUNCTIONS :RISK MANAGEMENT FUNCTIONS Contract Review Monitoring Medical / Legal Problems Administering Workers Compensation Programs Coordinating Legal Defense


RISK MANAGEMENT FUNCTIONS :RISK MANAGEMENT FUNCTIONS Involvement In The Discovery Process Education Of All Persons Of The Risk Management Plan Managing Product Recalls Reviewing And Assessing New Products And Services


RISK MANAGEMENT FUNCTIONS :RISK MANAGEMENT FUNCTIONS Reporting Medical Device Related Incidents Ensuring Compliance With Accreditation Standards Ensuring Compliance With Applicable State And Federal Laws


IN SUMMARY……. :IN SUMMARY……. Practice Standard of Care Medicine Build Rapport and Communicate with Your Patients Document the Care Provided