Lessons Learned From Reviewing Breast Imaging Malpractice Cases

Abstract

There are very few, if any, winners in most medical malpractice lawsuits. The plaintiff, often the victim of disease, and the defendant medical personnel both suffer emotional, financial, psychological, professional, and opportunity costs through this avoidable experience. In year 2000, 86,480 malpractice claims were filed [ 1 National Association of Insurance CommissionersStatistical compilation of annual statement information for property/casualty insurance companies in 2000. Washington, District of Columbia, National Association of Insurance Commissioners2001 Google Scholar ], and in 2004, the financial burden of medical malpractice totaled $28.7 billion across all specialties [ 2 Tillinghast study: U.S. tort costs reach a record $260 billion. Insurance J 2006. Available at: http://www.insurancejournal.com/news/national/2006/03/13/66411.htm. Accessed April 28, 2014. Google Scholar ]. Specifically in radiology, there is a 50% chance that a radiologist will face at least one lawsuit by the age of 60 years [ 3 Baker S.R. Whang J.S. Luk L. et al. The demography of medical malpractice suits against radiologists. Radiology. 2013; 266: 539-547 Crossref PubMed Scopus (32) Google Scholar ]. The subspecialty of breast imaging is the greatest recipient of malpractice litigation, with claims of “failure to diagnose” or “delay in diagnosis” [ 4 Cannavale A. Mariangela S. Mancarella P. Passariello R. Arbarello P. Malpractice in radiology: what should you worry about?. Radiol Res Pract. 2013; (Available at:) (Accessed April 28, 2014)http://www.hindawi.com/journals/rrp/2013/219259/ PubMed Google Scholar , 5 Dick J.F. Gallagherz T.H. Brenner J.R. et al. Predictors of radiologists' perceived risk of malpractice lawsuits in breast imaging. AJR Am J Roentgenol. 2009; 192: 327-333 Crossref PubMed Scopus (40) Google Scholar , 6 Berlin L. Hall F.M. More mammography muddle: emotions, politics, costs and polarization. Radiology. 2010; 255: 311-316 Crossref PubMed Scopus (64) Google Scholar ].