Should radiologic technologists have malpractice coverage to protect their careers? Or would creating a new group of policyholders merely attract the attention of lawyers seeking deep pockets?
More and more RTs are asking whether they should insure themselves, as reflected in postings on the AuntMinnie.com Discussion Groups. And while it's clear that technologists who are self-employed contractors should have their own coverage, the answers for others aren’t entirely obvious.
If an RT is employed by larger healthcare organization, any lawsuits directed against him or her should be covered by that entity's malpractice insurance.
"An employer has a responsibility to indemnify an employee for losses related to performance of their work," said Los Angeles healthcare attorney Mark Weiss, citing the traditional and clearly ancient legal doctrine of respondeat superior -- Latin for "let the master answer."
But plenty of RTs feel more secure having their own insurance, regardless of what responsibilities their masters may have toward them. Nearly a thousand RTs are insured by Chicago-based National Professional Group (NPG), one of a few companies offering such policies. NPG’s policies are offered through a program with the American Society of Radiologic Technologists (ASRT) in Albuquerque, NM.
According to the program's Web site, employed RTs may want their own insurance because they can still be held liable for negligence as individuals after an incident. Or the employer may impugn the RT as part of defending a lawsuit.
"It’s always good to have your own policy," said NPG program manager Shari Pataky. "The employer is looking out for himself first."
Among those who have chosen to insure themselves is the ASRT’s current president, Allen Terrell. As the imaging services director for River Region Health System in Vicksburg, MS, Terrell is no longer covered because he no longer has patient contact. But he remembers clearly why he bought insurance 18 years ago.
"It was because I didn’t like the prospect of being sued," Terrell said. As he was often working alone with ER patients on the graveyard shift, he felt exposed to potential lawsuits -- a feeling that persisted when he moved to a new position where he regularly injected patients with MR contrast agents.
Although he never had to use his coverage, Terrell believes that all RTs should carry insurance, especially in states where RTs are licensed. "You open yourself up more when you’re licensed," he said.
Indeed, licensure can require a level of learning and training that indicates a legal qualification to practice one’s occupation, and thus potentially malpractice it as well. On the other hand, states can require licensure for a variety of occupations that don’t require extensive training. Other licensees, such as hairdressers and real-estate brokers, are often self-employed, making insurance more important because their liability won’t be shifted.
The ASRT itself hasn’t taken a position on whether employed RTs should carry their own insurance, noted David Goch, the association’s attorney at the firm of Webster, Chamberlain and Bean in Washington, DC.
Goch suggested that the risks for technologists may be minimal. "Personally, what I think is that states don’t regard RTs as people who are ‘practicing,’" said Goch. This attitude distinguishes RTs from more extensively trained professionals such as doctors and lawyers.
Also, if something goes wrong in an imaging facility, Goch noted, "it’s ultimately the physician’s responsibility. If an RT takes a poor image, the radiologist should say that it isn’t usable." To make sure those lines of responsibility remain clear, Goch reminds RTs not to say anything about what they may see on a diagnostic image.
There’s also the possibility that carrying insurance may draw the attention of plaintiff’s attorneys, who otherwise might not even name technologists as defendants in a suit. "Insurance is a double-edged sword," Weiss said. "In protecting you, it also provides an opportunity for collection."
"If I were advising an employee, I would encourage them to consider the expense of insurance and the likelihood of their being sued," he added. "If you told me that insurance costs $100 a year, then OK. If it’s $4,000, then no."
In fact, NPG’s policies for employed RTs run from around $90 to $175 per year, depending on the RT’s location and specialty. RTs who are self-employed on a part-time basis -- also known as moonlighters -- pay more for coverage. A fully self-employed RT can pay up to $575 for coverage in the most expensive parts of the country.
By Tracie L. ThompsonAuntMinnie.com contributing writer
May 23, 2002
Related Reading
Radiologists slammed by malpractice insurance crisis, April 23, 2002
Misdiagnoses, lack of supervision, and poor communication land radiologists in court, May 17, 2000
Early diagnosis key to defending malpractice claims, March 1, 2000
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