0:00

Okay, let's get going.

0:04

So, I, I, I don't profess to be a real expert, uh, in this,

0:09

but I have, I've been, uh,

0:11

as an expert witness in a number of cases.

0:13

And so I'm gonna share my experience with you, uh, things

0:17

that I have learned

0:18

and hopefully can help you also, uh, if you really want

0:23

to become an expert witness.

0:27

Okay. So these are my disclosures.

0:31

So why do we really need

0:33

to understand the medical malpractice?

0:35

Uh, it's, it's very important

0:38

because most of the time, the many radiologists

0:44

first foray into this legal world is when they get certain

0:47

notice, uh, of, uh, of a claim.

0:51

And a recent study had shown that,

0:54

although radiologists do know

0:57

a good bit about the medical mal practice scenario,

1:00

but they are still, 92%

1:02

of the radiologists are very surprised when they are

1:05

served, uh, a notice.

1:08

And, and radiologists do under underestimate their risks,

1:12

uh, especially in this day

1:14

and age when our work volumes are significantly increasing

1:19

and hence, our error rates will also be increasing,

1:24

which we may or may not be, uh, aware of.

1:28

But definitely it's, it's, it's proportional.

1:32

If we are reading many, many studies,

1:33

definitely our error rates are also bound to go high.

1:39

Uh, the other thing is

1:41

that we don't really teach our trainees about the medical

1:44

malpractice scenarios.

1:46

Uh, uh, there, there's absolutely no training that we, uh,

1:50

let them have in these four

1:52

or five years of radiology residency.

1:55

Uh, and then once a lawsuit does happen, our trainees,

2:00

be it fellows or, or our residents, are really protected

2:04

by the supervising physicians, by the doctrine

2:07

of the respondent, uh, superior.

2:09

Let the master, uh, answer the question.

2:12

So, so what that means is that most

2:15

of our younger radiologists are getting into the workforce

2:19

with an incomplete appreciation of the medical-legal hazards

2:24

that are associated with their, uh, radiology practice.

2:30

So let's do some numbers.

2:31

Of course, we know that litigation is very, very pervasive

2:34

as such, uh, but overall, according to a study

2:38

that was published in a m, a, 52%

2:41

of radiologists over the age

2:43

of 55 have been named in a medical mal practice lawsuit.

2:47

So it's, it's not uncommon, as you can see,

2:49

one in two will have at least being named

2:53

in a, in a lawsuit.

2:55

Uh, radiology is right in the middle of

2:59

The middle of the lot.

3:00

We are lower than proceduralist or surgeons,

3:03

but we are definitely higher than the primary care

3:06

specialties in, in, in, in medicine.

3:10

So what are the outcomes of these lawsuits

3:14

that happen in radiology?

3:15

So 63% are abandoned or dismissed right away

3:20

after the initial, uh, investigation.

3:23

28% of the lawsuits end up in settlements

3:28

outside, uh, the court, 5% actually proceed to trial.

3:33

And, and of those 89%, so overwhelmingly,

3:37

they are in favor of the radiologists than the,

3:40

than the plaintiffs.

3:42

Uh, and then there has been a significant decline in the

3:46

number of, uh, medical mal, uh, mal practice litigation

3:50

with 55% drop, uh, up to 2014

3:54

as was seen in this study.

3:56

And the reason for that is really multifactorial.

3:59

There is increase in defensive medicine that has happened,

4:03

which has definitely caused a decrease in the litigations.

4:08

Uh, hospitals

4:09

and departments have come up with better communication

4:13

and resolution programs, so that's very, very helpful.

4:17

Many states have taught reforms, uh, and,

4:20

and that has prevented some lawyers to go

4:25

after, uh, small cases, uh,

4:28

which they were going after before.

4:30

And then overall improved.

4:32

Uh, patient safety measures have been put in place, which,

4:35

which have led to decrease in this, uh, number.