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Biomedical subjects

D J Tennenhouse

Publications and source records attributed to D J Tennenhouse.

9 recordsLinked to original sources

Radiology malpractice lawsuits: California jury verdicts.

In 1983, 16 out of every 100 U.S. physicians were sued for medical malpractice. The authors reviewed the courtroom results of all 144 lawsuits involving California radiologist defendants reported in Jury Verdicts Weekly (JVW) between 1971 and 1985. Almost half (66 of 144) of the lawsuits involved allegations of "failure to diagnose" (misinterpretations and oversights). About one third (45 of 144) involved procedure complications (angiography, 22; myelography, 11; intravenous contrast administration, 5; other, 7). About three fourths (93 of 127) of the verdicts favored the radiologist defendants. The authors' finding support the American College of Radiology Malpractice Awareness Task Force recommendations.

California

Radiologists and informed-consent lawsuits.

A national survey on informed-consent lawsuits that resulted from studies using contrast material revealed that 123 (8%) of 1,513 radiologists surveyed or others in their groups had been involved in informed-consent lawsuits. In response to a detailed follow-up questionnaire, 67 radiologists anonymously provided additional information regarding their lawsuits, which most often involved excretory urography (37%) or angiography (38%), with death or neurologic impairment the most common patient injuries. As a result of these lawsuits, many radiologists provide more detailed information to patients. In the United States, the total number of informed-consent lawsuits, however, was small in relation to the total number of studies done using contrast material.

Angiography

Some medicolegal tips.

The purposes for each type of medical record are critical legal determinants for its content. Deposition is the most important single step in the litigation process. The uses for a deposition greatly exceed the mere discovery of fact. The weight given the testimony of witnesses by a jury is affected by many subtle factors, including professional demeanor, attitude, manner of dress, ability to communicate and recollect, and prior inconsistent statements.

Expert Testimony

Common misconceptions.

Certain misconceptions about the law are common among physicians. The purpose of the legal system is to resolve disputes rather than dispense "justice." The rules of law are neither stable nor clear. Truth cannot be recovered for purposes of litigation; therefore, the evidence alone must determine the merit of a case. Many factors other than merit may also contribute substantially to the outcome of litigation.

Humans

Nosocomial medicolegal problems.

Most incidents resulting in medicolegal claims occur in the hospital setting, partly because of the numerous surgical procedures which take place there, but also because of the complexity of communication and shared responsibility among physicians, house staff, nurses, technicians, and lay employees. Various situations likely to pose medicolegal problems are described, particularly those related to the giving and documenting of medical orders and the delegation of responsibility. Guidelines for avoiding medicolegal problems in the hospital setting, and for handling them should they occur, are given.

Defensive Medicine

The physician's duty to warn: a new twist.

It has long been accepted that it is a physician's duty to warn the patient of medical conditions that create a risk of injury to the patient. A recent California Court decision suggests that the physician may also be liable for damages to a person injured by a patient who was improperly warned of a debilitating medical condition. The case of Myers v. Quesenberry is reviewed and its implications for ophthalmologists are discussed.

Accidents, Traffic

Some legal decisions significant for ophthalmology.

The court decisions included in this article reflect judicial attitudes towards medicolegal cases in most states. The courts have defined and amplified issues of informed consent, the physician's duty to warn patients and protect third parties, the limitations of the "Good Samaritan" statute, the responsibility of the physician to prepare insurance reports, and the denial of coverage by third party payers. Several cases regarding these issues are reviewed and their implications for ophthalmologists are discussed.

Eye Diseases