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Liability Considerations

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Few questions that this is, I I just wanted

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to put in there that everybody has a question in their mind,

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is that, is the peer review

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and tumor board immune from discovery?

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Yes, you can do your peer reviews in your tumor board

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reviews, uh, as they are protected.

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Uh, but you have to be very careful in your,

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in your processes, uh, that it, they should be in accordance

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with your hospital guidelines

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and your medical legal counsel guidelines.

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There was a case in Pennsylvania where, uh, er, the,

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a group, uh, emergency room group that was contracted

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by the hospital did not fall under this definition

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of the healthcare provider.

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And then they were not exempted from this peer

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review protection law.

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So you had to be very careful about that fact, uh,

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or generalist like in a medical mal practice, uh, lawsuits

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or generalist held to the same standard

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as the subspecialist.

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So they're still being debated

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and many states have a different opinion.

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Many lawyers still have a different opinion about this.

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Uh, but overall subspecialists are permitted

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to testify against generalists.

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But the subspecialists should keep that in mind, that,

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that they should mention this in their, in their, uh,

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expert opinions, that there are certain things

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that they don't expect.

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A person who is doing general radiology to know,

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and they should at least be brought forward when they are

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putting their case, uh, forth.

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Uh, double rating, uh, preliminary reports, uh,

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they really don't offer any protection.

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Both people are liable for this.

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So this sometimes becomes a, a, a risk

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because there's a false protection thought that comes in

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where the secondary things, the primary is more responsible

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and the primary things

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that the secondary is more responsible.

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So be careful about that because both are equally liable

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and both can be sued, uh, for the, for the same, uh,

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offense if it's missed by both.

Report

Faculty

David M Yousem, MD, MBA

Professor of Radiology, Vice Chairman and Associate Dean

Johns Hopkins University

Majid Aziz Khan, MD, MBBS

Director, Non-Vascular Spine Intervention

Johns Hopkins University

Mahla Radmard, MD

Postdoctoral Research Fellow

Johns Hopkins University School of Medicine

Kelly P. Yousem, JD

Plaintiff’s Attorney

Tags

Non-Clinical