Navigating a radiology malpractice lawsuit in 8 steps
Many members of the specialty will face a malpractice lawsuit during their careers, and it is wise to take steps to prepare, experts wrote Monday in JACR.
Radiologists will spend about 10% of their time practicing with an open malpractice claim, which can often serve as a source of “great anxiety.” University of Washington radiologist Jeffrey Robinson, MD, MBA, and attorney Peter Tuenge offered eight steps docs can take in these scenarios, hoping to help “demystify” the process.
1. Beforehand: Once notified of a suit, radiologists may want to review records, but do not alter them nor discuss the case with colleagues who may be called as witnesses.
2. Commencement: After the proceedings have launched, it is wise to contact one’s malpractice insurer for advice, guidance and handling of the initial response.
3. Discovery: This fact-finding phase gives physicians a chance to learn about the patient, assess the lawsuit’s merits, and determine the extent of potential damages.
4. Witnesses: Each side will be allowed to call a limited number of experts, often just one per specialty, in an attempt to grant plaintiffs and defendants equal power during the proceedings.
5. Motion: Following discovery, radiologists and their attorneys will have a chance to request that the court issue a summary judgment, dismissing the suit before it goes to trial.
6. Depositions: This formal, sworn, out-of-court interview is plaintiff attorney’s only opportunity to speak with the defendant physician prior to trial.
“You should take sufficient time with the assistance of your lawyer to prepare for your deposition,” Robinson and Tuenge advised. “A good deposition will put you in the best position to later persuade the jury at trial to vote in your defense. A bad deposition can make defending against the lawsuit difficult or impossible.”
7. Trial/dispute resolution: If the case is not dismissed and the parties fail to reach a settlement, a jury will decide the outcome. Most last an average of two weeks, and radiologists are required to attend each day.
“Spending that time away from your practice and family can affect the decision to reach an out-of-court settlement. Trials are also open to the public, and the results of a trial are public record,” the authors noted.
8. Resolution: Fewer than 5% of claims go to trial and most end in favor of the defendant. However, when a radiologist makes a payout, this is entered into the National Practitioner Data Bank. Providers may wish to query the database to see any info relating to their case, the authors advised.
Read more of their advice in detail in the Journal of the American College of Radiology here.
Marty Stempniak has covered healthcare since 2012, with his byline appearing in the American Hospital Association's member magazine, Modern Healthcare and McKnight's. Prior to that, he wrote about village government and local business for his hometown newspaper in Oak Park, Illinois. He won a Peter Lisagor and Gold EXCEL awards in 2017 for his coverage of the opioid epidemic.