[Professional errors in radiology].

Abstract

As medico-legal statistics show, compared with other branches of medicine, cases of liability of the radiologist or his assistants are relatively rare. The duty to exercise due care as set out in 6 of the Austrian penal code or 276 of the German civil code also provides a basic rule of law for radiology. Due to the risk inherent in the investigation, incidents during angiography cannot be totally excluded. It is therefore of the utmost importance that all steps be taken with regard to staff, equipment and drugs to deal with any complications and incidents that may arise. The courts of law require the employer to produce the strongest exonerating evidence to prove that the duty to exercise due care in the selection and supervision of the assistants has been duly fulfilled. For the practical execution of radiological investigations of the digestive tract, the radiologist's technical assistant is also responsible; her liability when performing an irrigation is particularly great, as perforation of the intestine is often lethal. The introduction of the rectal tube into the vagina by mistake, with resultant injury or death of the patient, will regularly lead to conviction under penal law.