AJR Podcasts The Malpractice Process: AJR Podcast Series on Diagnostic Excellence and Error, Episode 5
Oct 23, 2024
Kelly Yousem, a veteran medical malpractice attorney with 35 years of experience, joins Francis Deng, MD, to unpack the complex world of medical malpractice in radiology. They explore the critical elements of malpractice claims, highlighting the surprisingly low rate of lawsuits despite diagnostic errors. Yousem offers essential advice on navigating legal actions and the importance of immediate legal counsel. The episode also delves into the pivotal role of expert witnesses in malpractice cases, providing valuable tips for their effective preparation and participation.
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Core Elements of Malpractice
- Medical malpractice requires proving duty, breach, causation, and damages all together.
- Many radiology errors do not lead to lawsuits because harm or causation is missing.
Why Malpractice Suits Are Rare
- Thousands of radiology errors occur, but very few lawsuits follow due to timing and patient harm considerations.
- Often, errors are unnoticed or do not impact patient outcomes sufficiently for litigation.
Low Percentage of Malpractice Cases
- Kelly Yousem reviews many cases and only selects around 2% to pursue as malpractice claims.
- Attorneys often seek expert radiologists to objectively assess if a mistake was made.