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Tips for Reviewing Cases

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With reviewing cases, uh, my tips are, you know,

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accept defense and plaintiff cases.

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It will help your credibility at trial

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and avoid the possibility that you,

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your credibility will be impugned by the opposing counsel.

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Read the cases blindly

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with the same information the radiologist had the time.

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So if a legal firm contacts me and says, Dr.

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Usam, we'd like you to review this case

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of Dalbert versus Ssom, in which, um, it appears

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that a stroke was missed on the initial CT scan,

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would you be able to review that CT scan?

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I say, I'm sorry, I can't take the case.

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I only review cases in a blinded fashion

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with no clinical history other than what was

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provided to the radiologist at the time

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that they interpreted the case.

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So, for me, any clinical information

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that might sway me

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and bias me in the evaluation of the case,

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I defer on those cases to other people.

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And I, I make recommendations.

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I want nothing other than

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what the radiologist had at the time

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that they interpreted the study as far

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as the indication on the study.

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Now, sometimes the legal firm will say,

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this is not a case against the radiologist.

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This is a case against the neurosurgeon.

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And there was an incident that happened in the, um, or,

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and we're wondering whether there's spinal cord

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damage post-op.

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I said, I still say I only do my cases in a blinded fashion.

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Uh, even if it's unrelated to the radiologist's role,

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I don't want to know that the patient had

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a spinal cord injury when I interpret the scans.

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So people do it different ways.

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That's my way I, I sort of review my cases.

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The vast majority of the cases

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that I have reviewed are not about the radiologists,

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uh, being negligent.

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It's most commonly about an untoward event

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that happened post-op

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or intra-op, et cetera,

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where the radiologist is not even a defendant.

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They just wanna know what are the damages?

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You know, can you look at this brain

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and tell us where the strokes are for this damages for,

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you know, uh, an ed doctor that's being sued, for example.

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So, from my perspective,

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it's just a little different in that regard.

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Um, when I work with physicians, I, I'm asking

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for an objective opinion,

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but I view it as a little different, which is,

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if you're receiving a call

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or reach out from a law firm to review images

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or review a case, you already know there's a problem.

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So it, it doesn't matter to me.

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And I, I deal with a different bias, which is

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I have far fewer, uh, physicians who will work

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with the plaintiff side.

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Um, it's getting better, but it's still there.

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And so I am very upfront with them

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that I am a plaintiff's attorney.

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I'd like them to review records

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and give me their honest, objective opinion.

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And I, I look at that as, and,

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and we talk about this when I prepare them for deposition,

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that you're gonna be asked about this,

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but you're a radiologist, you're a professional,

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you're doing your job, and you can objectively look at

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images and give me an opinion.

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And so we, Dave and I differ a little bit on that.

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I don't think that it's, uh, necessary to, um,

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have blinded opinions, uh, you know, most of the time.

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Thank you. Well, what I would say in response is I give a

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blinded opinion at the outset,

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and then I ask for the information that's relevant.

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And some, like I said,

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sometimes it's not about the radiologist's

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interpretation of the study.

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It's about, you know, causation or damages.

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And then once they give me some of the history, um, I give,

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I give a different opinion, uh, sometimes, um,

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based on the what's

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provided in that it's not a radiology miss

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that is being disputed.

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