Public Health Law Map - Beta 5 - Medical and Public Health Law Site

equires that all tests done in the hospital be done through the group. Patients
eventually receive a bill from the radiology group.
One source of liability for radiologists is improper supervision of nonphysician
technical personnel and equipment. Physicians are responsible for ensuring that the
personnel are adequately trained and doing their jobs properly. Patients must be
protected from falls and other simple injuries. The radiologists must ensure that all
equipment is functioning, that the tests are technically adequate, and that patients
are not exposed to excessive doses of radiation.
Radiologists must carry out special tests and invasive procedures safely and
accurately. Whenever there are invasive procedures, the radiologist should review
the patient’s history, do a physical examination as necessary to verify critical
information, and obtain informed consent for the procedure. For example, if the
attending physician has ordered an IVP and the patient is dehydrated, the
radiologist has a duty to cancel or postpone the test until the patient is able to
tolerate it. If the IVP was done by a technician without the radiologist’s evaluating
the patient, the radiologist is responsible, not the attending physician. The attending
physician would argue that determining the patient’s fitness for the test at the
scheduled time is the radiologist’s responsibility.
Radiologists should interpret tests as completely as possible. There is an
unfortunate tendency to equivocate on reports as a way of avoiding responsibility.
Giving a report of “possible pneumonitis” instead of “right lower lobe infiltrates
consistent with bacterial pneumonia” does not provide the attending physician with
the benefit of the expert opinion that a radiologist is expected to provide. Vague
readings increase the consultant’s liability when they mask serious conditions or
substitute for an in-depth review of the film.
Radiologists have a duty to make sure attending physicians are informed quickly of
any serious or life-threatening conditions found on a test. Technicians should
routinely inform their supervising radiologists about any serious results or results
that are strange or unusual. Radiologists also must ensure that the patient is
informed of test results and their significance. Usually this is done by alerting the
attending physician, who in turn informs the patient and recommends any
necessary care. This generally discharges the radiologist’s duty to inform the
patient personally.
b) Pathologists
Pathologists’ liability stems primarily from quality control and communication
problems. Pathologists depend on the attending physician for the collection of
samples to be analyzed. When mistakes in labeling result in a patient with a benign
condition being subjected to a mutilating surgical procedure, or a serious condition
being misdiagnosed, lawsuits are inevitable. Pathologists should ensure that
samples are unambiguously labeled upon receipt, when it may still be possible to
correct mistakes. If there is any question about the origin of a sample, the attending
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