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Acute Aortic Disease.. - Index of

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SECTION V: LITIGATION IN AORTIC ANEURYSM DISEASE<br />

18<br />

Legal Considerations in <strong>Acute</strong><br />

<strong>Aortic</strong> <strong>Disease</strong>s †<br />

John A. Elefteriades<br />

Section <strong>of</strong> Cardiothoracic Surgery, Yale University,<br />

New Haven, Connecticut, U.S.A.<br />

INTRODUCTION<br />

Most <strong>of</strong> this book concentrates on pathogenesis, imaging, diagnosis, and treatment<br />

<strong>of</strong> acute aortic diseases. There is, however, another major dimension to the<br />

care <strong>of</strong> patients with acute aortic diseases that it behooves us not to ignore—<br />

the medical-legal dimension.<br />

As is well known, we in the United States find ourselves in the midst <strong>of</strong> a<br />

worsening crisis <strong>of</strong> medical malpractice litigation. This crisis is said to contribute<br />

to cost <strong>of</strong> healthcare through increased liability insurance expenses and through<br />

excess “defensive” patient testing (1,2). This crisis is said to be driving physicians<br />

out <strong>of</strong> high-cost states and high-risk specialties (3). Malpractice-related<br />

psychological forces are said to cause major emotional stress to physicians,<br />

manifest both at work and at home (1,4–7). Residency training is affected markedly<br />

by medico-legal concerns (4). Liability concerns and related expenses are<br />

thought to be among the major factors affecting choice <strong>of</strong> specialty for physicians<br />

in training (4,8). This is thought to be a factor in the alarming fall in applicants<br />

for residencies in Cardiothoracic Surgery. Among the six medical disciplines that<br />

face the highest frequencies <strong>of</strong> litigation and the highest malpractice rates (1,3,8),<br />

four are involved intimately in the assessment and treatment <strong>of</strong> acute presentation<br />

<strong>of</strong> aortic diseases: surgical specialties (cardiothoracic), radiology, emergency<br />

medicine, and anesthesiology.<br />

† Adapted from an article in press in the journal Cardiology, with permission.<br />

331

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