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Malpractice Issues in Radiology |
1 Department of Radiology, Rush North Shore Medical Center, 9600 Gross Point Rd., Skokie, IL 60076, and Rush Medical College, Chicago, IL.
Received July 16, 2002;
accepted after revision July 31, 2002.
Case summaries are based on actual events and lawsuits, although certain
facts have been omitted or modified by the author. All opinions expressed
herein are those of the author and do not necessarily reflect those of the
American Journal of Roentgenology or the American Roentgen Ray Society.
The Case
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After the noninfusion images had been obtained, a technologist administered IV 100 mL of a nonionic contrast agent. Additional CT images were then obtained, after which the patient was asked to sit up and get off the table. As she stood up and began walking away from the table, the woman suddenly complained that she couldn't breath and then collapsed onto the floor. The radiologist, who had been in another room, came immediately to aid the patient, and paramedics were quickly summoned by telephone. Efforts to resuscitate the patient were initiated by the radiologist and his staff and then continued when paramedics arrived. Nevertheless, the patient died. A later autopsy conducted by the medical examiner attributed the cause of death to "anaphylactic reaction to contrast media."
Eight months later the family of the deceased filed a lawsuit against the radiologist alleging negligence for "inappropriate use of contrast agents."
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Anticipating that they were not likely to prevail in a jury trial, the defendant radiologist's insurance representative and defense attorney recommended that the lawsuit be settled. A settlement agreement was reached, the terms of which were not disclosed.
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...the growing "boomer" population and its associated preoccupation with life span prolongation and wellness...the increased standard of living and the ready access of this generation to medical information through the Internet and other mass media...a sense of medical self-empowerment...[and] consumer-driven medicine.
On center stage of the CT screening phenomenon stands the radiologist who, according to the medical director of a national CT screening enterprise, Craig Bittner [3], is "...in the patient's eye a real doctor...who speaks to patients and makes clinical judgments and recommendations as to course of action." Brant-Zawadzki [2] also places radiologists in pivotal roles, emphasizing that they are
...are well positioned to optimize triage for patients who need further medical care.... Provide reassurance to those anxious healthy individuals whose screening studies are unremarkable, or whose scans show pseudodisease, and guide them in proper health maintenance...
Placing the radiologist in the center of the CT screening phenomenon may at the same time place the radiologist in the center of a medical malpractice maelstrom. Radiologists involved in whole-body CT screening could fall into many potential malpractice pitfalls. The case described in this article focuses on the legal issue of whether contrast media should be administered when whole-body CT screening is performed. A companion article [4] discusses other issues.
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Who has the responsibility of determining whether contrast media should be used in CT examinations? Three standards published by the American College of Radiology (ACR) provide guidance. The ACR Standard for the Performance of Pediatric and Adult Thoracic Computed Tomography (CT), revised in 1998, states [8]:
As with all procedures, the relative benefits and risks of the procedure should be evaluated prior to the performance of thoracic CT with use of iodinated contrast.... The physician shall have the responsibility of reviewing all indications for the examination; specifying the use, dosage, and rate of administration of contrast agents.... The examination may be conducted without contrast, with contrast, or both as clinically indicated.
The ACR Standard for the Performance of Computed Tomography (CT) of the Abdomen and Computed Tomography (CT) of the Pelvis, revised in 2001, states [9]:
As with all procedures, the relative benefits and risk of the procedures should be evaluated prior to the performance of iodinated contrast-enhanced abdominal CT and pelvic CT.... Optimization of the CT examination requires the supervising physician to develop an appropriate CT protocol based on careful review of the patient's history (to include risk factors that might increase the likelihood of adverse reactions to contrast media).
And the ACR Standard for Performing and Interpreting Diagnostic Computed Tomography (CT), 2001, states [10]:
Computed tomography examinations should be performed only for a valid medical reason.... The physician shall have the responsibility for reviewing all indications for the examinations; specifying the use, dosage, and rate of administration of contrast agents.... Policies with respect to contrast...must be administered in accordance with institutional policy as well as state and federal regulations.
Although not formally labeled a standard, the ACR's Digest of Council Actions, 1999 [11], provides additional guidance:
It cannot be emphasized too strongly that each patient undergoing each type of contrast examination requires consideration of the specific situation. In the final analysis, the radiologist (in consultation with the referring physician when necessary) is responsible for that patient and the radiological examination the patient is to undergo, and is in the best position to design the study, properly prepare the patient as indicated by the specific clinical circumstances, and select the appropriate contrast material.... The radiologist should be directly involved in the performance of the procedure, determining its extent, administering and supervising the use of contrast media.... Direct involvement in the performance of scanning procedures requires...determination of the need for contrast media.
It is clear from these statements that the determination of whether contrast media should be used in a CT examination rests primarily with the radiologist. In fact, in the case of a screening CT examination in which the patient has no referring physician, the decision whether to use contrast media rests solely with the radiologist. What is not clear, however, is whether contrast media is or is not indicated in the performance of screening CT. As yet there is a consensus neither in the radiology community nor in any appeals court decision that addresses this issue.
Robert Stanley [12], radiology chair at the University of Alabama, is critical of screening CT performed without contrast material. He has written that images obtained on whole-body CT without the administration of contrast agents are "pretty" and characterized by "remarkable anatomic detail," but "important and fundamental aspects of potentially discovered diseases are not discernible. In other words, the pictures are pretty, but they don't tell enough."
Although generally radiologists involved in CT screening elect not to administer contrast media, some choose to do so. Although acknowledging that the use of contrast media is controversial because of potential risks, Johns Hopkins University radiologists Elliot Fishman and Karen Horton [13] include in their CT screening protocol the IV injection of 120 mL of contrast media.
Medical malpractice litigation alleging improper radiology practice occurs even when consensus exists in the radiology community regarding the parameters of that practice. When consensus is lacking on those parameters, however, such as whether to use contrast media in CT screening, medical malpractice litigation is likely to be initiated with greater frequency. If contrast material is not used and a small carcinoma of an abdominal or pelvic organ is missed, a plaintiff's attorney may well be able to find a well-credentialed radiology expert who will testify that the standard of care requires the use of contrast media in CT screening. In cases in which contrast material is used and a patient dies or sustains serious complication resulting from the contrast material, the plaintiff's attorney may well be able to find a well-credentialed radiology expert who will testify that the standard of care requires that radiologists not administer contrast media when performing CT screening.
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The question of whether to use contrast media in CT screening examinations is at present unanswered and will undoubtedly be debated for some time to come. In the mean-time, radiologists participating in CT screening should be mindful of the potential legal pitfalls that contrast media present.
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This article has been cited by other articles:
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U Shaikh and H. Lewis-Jones VOMIT victim of medical investigative technology BMJ, January 5, 2008; 336(7634): 8 - 8. [Full Text] [PDF] |
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H. Schoder and M. Gonen Screening for Cancer with PET and PET/CT: Potential and Limitations J. Nucl. Med., January 1, 2007; 48(1_suppl): 4S - 18S. [Abstract] [Full Text] [PDF] |
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C. D. Furtado, D. A. Aguirre, C. B. Sirlin, D. Dang, S. K. Stamato, P. Lee, F. Sani, M. A. Brown, D. L. Levin, and G. Casola Whole-Body CT Screening: Spectrum of Findings and Recommendations in 1192 Patients Radiology, November 1, 2005; 237(2): 385 - 394. [Abstract] [Full Text] [PDF] |
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R. Levatter Screening CT and Modern Economics Am. J. Roentgenol., November 1, 2003; 181(5): 1191 - 1193. [Full Text] [PDF] |
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L. Berlin Potential Legal Ramifications of Whole-Body CT Screening: Taking a Peek into Pandora's Box Am. J. Roentgenol., February 1, 2003; 180(2): 317 - 322. [Full Text] [PDF] |
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