Malpractice issues in radiology - Proximate cause

被引:6
作者
Berlin, L
机构
[1] Rush N Shore Med Ctr, Dept Radiol, Skokie, IL 60076 USA
[2] Rush Med Coll, Dept Radiol, Chicago, IL 60612 USA
关键词
D O I
10.2214/ajr.179.3.1790569
中图分类号
R8 [特种医学]; R445 [影像诊断学];
学科分类号
1002 [临床医学]; 100207 [影像医学与核医学]; 1009 [特种医学];
摘要
For a plaintiff to successfully litigate a medical malpractice lawsuit against a physician, the plaintiff must prove not only that the physician owed the patient the duty to conform to the standard of care, that the physician was negligent, and that the patient sustained an injury, but also that the physician's alleged act of negligence caused the patient's injury. The connection between the act of negligence and the injury sustained by the patient, known legally as proximate cause, is in most cases easy to prove. If the radiologist has failed to interpret a radiologic study correctly and a diagnosis of a serious illness has been delayed, or the incorrect treatment has been administered as a result of that misdiagnosis, proximate cause will almost certainly exist. If the patient has sustained a complication as a result of an interventional procedure conducted by a radiologist, proximate cause will also almost certainly exist. The law recognizes that more than one codefendant physician may contribute to an injury incurred by a patient, and the law will therefore hold each codefendant participating in the injured patient's medical care similarly liable. In cases of alleged radiologic misdiagnosis, the fact that the misdiagnosis occurred may result in a finding that the misdiagnosis proximately caused the patient's injury, even though other physicians were more directly involved in the patient's alleged mismanagement. Proximate cause means a cause that, in natural or probable sequence, produced the injury complained of by the patient. It need not be the only cause, the major cause, or the last or nearest cause. As illustrated by the cases discussed in this article, the existence of proximate cause can be challenged in some cases, perhaps disproven in others. The failure of a plaintiff to prove proximate cause will result in a determination that the defendant physician is not liable. Radiologists who are named as defendants in malpractice lawsuits who have reason to believe that proximate cause may not be present should ask their defense attorney to carefully examine the issue.
引用
收藏
页码:569 / 573
页数:5
相关论文
共 6 条
[1]
Perceptual errors and negligence [J].
Berlin, L ;
Hendrix, RW .
AMERICAN JOURNAL OF ROENTGENOLOGY, 1998, 170 (04) :863-867
[2]
Perceptual errors [J].
Berlin, L .
AMERICAN JOURNAL OF ROENTGENOLOGY, 1996, 167 (03) :587-590
[3]
Malpractice issues in radiology - Communicating findings of radiologic examinations: Whither goest the radiologist's duty? [J].
Berlin, L .
AMERICAN JOURNAL OF ROENTGENOLOGY, 2002, 178 (04) :809-815
[4]
Are radiologists contracted by third parties to interpret radiographs liable for not communicating results directly to patients? [J].
Berlin, L .
AMERICAN JOURNAL OF ROENTGENOLOGY, 2002, 178 (01) :27-33
[5]
Malpractice issues in radiology - Defending the "missed" radiographic diagnosis [J].
Berlin, L .
AMERICAN JOURNAL OF ROENTGENOLOGY, 2001, 176 (02) :317-322
[6]
FLAMM MB, 1998, LEGAL MED, P123