You’ve heard about the potential risks of radiation exposure in CT screening exams. But what about the risks of legal exposure for those who provide the service? A new article in our CT Digital Community explores the legal side of screening asymptomatic patients.
Imaging facilities that offer CT screening face a legal wilderness, as case law has yet to catch up with the practice. But if judgments in related areas are a guide, screening providers are exposing themselves to legal risk in a variety of ways, according to the article by staff editor Eric Barnes.
The most obvious area of risk involves malpractice, such as a missed lesion that later turns out to be cancer. Complications that result from following up suspicious lesions could also land a radiologist in court if a screening procedure leads to a biopsy or surgery that harms the patient.
The use of contrast media is another gray zone. Many CT screening facilities don’t use it routinely, even though it can improve the visualization of some lesions. Could radiologists be held liable for missing a cancer that might have shown up on a contrast-enhanced study? Or will they be sued for using contrast in an asymptomatic patient who goes on to have a negative reaction?
Finally, providing screening services creates a direct doctor-patient relationship that is unfamiliar territory for many radiologists. Those who screen must communicate the results directly to patients, and might even face patient abandonment charges if they don't provide for adequate follow-up.
The courts will ultimately decide many of these issues. But you'll know what you're waiting for if you visit our CT Digital Community, at ct.auntminnie.com.
