Trigger Warnings: Mostly likely, it’s in your report—that primary opportunity to document, contemporaneously, your own thought process. As defense attorney Victoria Scanlon pointed out at ARRS26, radiology ranks as the sixth most commonly sued specialty. And with nuclear verdicts now seeing settlements in excess of $10 million, the radiologist’s report is often the deciding factor in a successful malpractice defense.
The Best Offense? Increased access and ever-increasing workloads (no thanks to AI!) help foment a higher-risk environment for error. Be it an honest mistake in transcription or more epic fail to compare your findings with a priori imaging, Scanlon suggested writing more defensively:
- Know your audience—juries are composed of laypeople, not docs. Keep impressions and recommendations jargon-free, so they’re clear to referring providers, patients, and even legal panels
- Provide timelines—when recommending follow-up, always include an explicit timeframe to prevent that rec from falling through the cracks
- Document direct contact—should you speak with a provider, affirmatively document to whom you spoke, what was said, date/time, etc. Because plaintiff attorneys love to argue: ‘If it wasn’t documented, it didn’t happen.’
- Be assertive—avoiding passive terminology, answer the clinical question clearly, concisely, and unambiguously
- Proofread—grammatical and spelling errors make you look “sloppy and uncaring” Scanlon said, forcing you to defend the typos rather than your expertise
RadFYI: Whereas the specter of a suit is a sorry reality in today’s litigious environment, meticulous reporting strategies significantly lower your risk of being named a defendant.
Leave a Reply