Medical malpractice issues related to interventional radiology complications.

Abstract

Medical malpractice is defined as an adverse outcome that causes injury or harm which occurs after a physician–patient relationship establishes the duty of care.1 There must be negligence by provider which is usually interpreted as failure to provide the standard of care and direct causality between negligence and outcome. Litigation is an unfortunate consequence of medical complications although in my experience, whether or not malpractice occurred is often unrelated to whether or not a lawsuit is filed. People usually file a lawsuit because of an unexpected, bad outcome, not necessarily because malpractice was committed. Errors in medicine happen commonly, fortunately, most do not result in patient harm. Clearly, a bad outcome does not necessarily indicate malpractice but most patients are not in a position to determine whether or not true malpractice has transpired. Complications are unavoidable and most complications are defensible except for a special category referred to as “res ipsa loquitur” which is loosely translated to mean “the event speaks for itself.” These are complications that are so egregious that by definition, negligence has occurred. “Never events” such as retained foreign bodies and air embolism are often referred to as “res ipsa loquitur.” Incidentally, this is different and sometimes confused with “prima facie” which simply means that the minimal amount of evidence needed to continue a case.