Analysis of lawsuits related to diagnostic errors from point-of-care ultrasound in internal medicine, paediatrics, family medicine and critical care in the USA

Document Type

Article

Publication Date

5-26-2020

Publication Title

Postgraduate medical journal

Abstract

PURPOSE: The purpose of this study is to identify the extent of diagnostic error lawsuits related to point-of-care ultrasound (POCUS) in internal medicine, paediatrics, family medicine and critical care, of which little is known.

METHODS: We conducted a retrospective review of the Westlaw legal database for indexed state and federal lawsuits involving the diagnostic use of POCUS in internal medicine, paediatrics, family medicine and critical care. Retrieved cases were reviewed independently by three physicians to identify cases relevant to our study objective. A lawyer secondarily reviewed any cases with discrepancies between the three reviewers.

RESULTS: Our search criteria returned 131 total cases. Ultrasound was mentioned in relation to the lawsuit claim in 70 of the cases returned. In these cases, the majority were formal ultrasounds performed and reviewed by the radiology department, echocardiography studies performed by cardiologists or obstetrical ultrasounds. There were no cases of internal medicine, paediatrics, family medicine or critical care physicians being subjected to adverse legal action for their diagnostic use of POCUS.

CONCLUSION: Our results suggest that concerns regarding the potential for lawsuits related to POCUS in the fields of internal medicine, paediatrics, family medicine and critical care are not substantiated by indexed state and federal filed lawsuits.

Medical Subject Headings

Critical Care/legislation & jurisprudence; Databases; Factual; Diagnostic Errors/legislation & jurisprudence; Family Practice/legislation & jurisprudence; Humans; Internal Medicine/legislation & jurisprudence; Pediatrics/legislation & jurisprudence; Point-of-Care Systems/legislation & jurisprudence; Retrospective Studies; Ultrasonography; United States; intensive & critical care; internal medicine; medical law; paediatrics; ultrasonography

PubMed ID

32457206

ePublication

ePub ahead of print

Volume

97

Issue

1143

First Page

55

Last Page

58

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