Legal Aspects in Radiology

E. James Potchen is a distinguished university professor and chairman of radiology at Michigan State University. He holds a BS from Michigan State University, an MD from Wayne State University – spent his residency in radiology at Harvard University, Peter Bent Brigham Hospital – a Master of Science from the Massachusetts Institute of Technology, the Sloan School of Management and a JD from the University of Michigan. Prior to joining MSU, he worked in the Department of Radiology at Harvard University. When it comes to legal issues, radiology influences in several ways. Two important ways in which the law affects the practice of radiology relate to the commercial affairs of radiologists and the radiologist`s obligation to maintain a standard of care. Legal issues relate to the business aspects of radiology through radiologists` relationship with their group practice and the radiology group`s relationship with the outside world. Since the early 1970s, physicians have been increasingly exposed to medical malpractice. Radiology is one of the most responsible specialties for medical negligence claims. The etiology of the radiological defect is multifactorial. Errors fall into recurring patterns. Errors are caused by poor technology, misperception, lack of knowledge and errors in judgment. Every radiologist must understand the sources of error in diagnostic radiology, as well as the elements of negligence that form the basis of medical malpractice.

Mistakes are an inevitable part of human life, and all health professionals have made mistakes. To improve patient safety and reduce the risk of harm, we must accept that some mistakes are inevitable during health care. We need to make a cultural shift in medicine in which mistakes are actively researched, openly discussed and dealt with aggressively. Dr. Yousem gave advice on what to do if you were to face a lawsuit. Once a lawsuit has been filed, keep the details to yourself, as any statement could be discovered, including getting a second opinion from colleagues. Discussion of the case should be limited to your legal team, risk management, and the insurance company. Above all, never modify the original report. “Local residents cannot be prosecuted!” were the inexperienced words of a former classmate during our first year of training. While it`s a novel idea not to be held accountable for your actions as an intern, it`s just not true. This misconception led to a session entitled “Legal Aspects of Radiology” at RSNA 2012 for residents and beneficiaries to better understand the legal issues we face in our profession.

The RSNA Resident and Fellows Committee brought together a group of accomplished speakers, including lawyer Thomas Greeson, Dr. Leonard Berlin and Dr. David Yousem, to address this issue. Legal issues influence many business decisions made by radiology groups. Antitrust law deals with issues such as cost sharing, price sharing, mergers, acquisitions, and practices. Laws restrict the right to practice radiology. Accounting practices, conflicts of interest, self-referral, the right to refuse care, employment practices – all of these have important legal implications. These questions are a concern of any practicing radiologist. Changes in our healthcare system may result in new legal obligations. There is common legal terminology that a radiation therapist should be familiar with. E. James Potchen is a distinguished university professor and chairman of radiology at Michigan State University.

He holds a BS from Michigan State University, an MD from Wayne State University – spent his residency in radiology at Harvard University, Peter Bent Brigham Hospital – a Master of Science from the Massachusetts Institute of Technology, the Sloan School of Management and a JD from the University of Michigan. Prior to joining MSU, he worked in the Department of Radiology at Harvard University. At Mallinckrodt, he was Chief of Diagnostic Radiology. At Johns Hopkins University, he was Professor of Radiology and Dean of Management and Resources at Johns Hopkins Medical School. He has been a member of seven editorial boards of scientific journals. He has authored or edited 31 books and has authored and co-authored 42 chapters of medical texts as well as 170 peer-reviewed publications in the fields of chest radiology, neuroradiology, neuroscience, magnetic resonance, the socio-economic effects of medical care, breast cancer, and the role of academia in technology transfer.