Medical care facilities are essential for the health care sector. The patients receive a wide spectrum of services including the very critical diagnostic services from these centres. However, protecting the interest of the patients remains the most significant part of it.
Any negligence at any level of treatment can turn out to be fatal for a patient. Lawsuits related to such cases are not rare. However, until lately, the law was a little liberal for the independent radiologists working for imaging centers. After the latest Indiana Court case, the perception has changed considerably.
According to the latest verdict of a court in Indiana, imaging centers can now be held responsible for the negligence of independent radiologists. Earlier, the rules set for medical malpractices considered the hospitals responsible for such actions. With the new rule in place, the extent of the state medical malpractices rule is sure to become more inclusive and widespread.
The Former Rule
The renowned case of Sword Vs. NKC Hospitals, 1999, in Indiana Supreme Court, made the hospitals responsible for the carelessness of independent physicians or radiologists. This case emphasized the responsibility of the hospitals alone and not the individual clinics or imaging centers.
A Change In The Scenario
However, the case of Harold Arrendale Vs. Marion Open MRI, 2017, changed the perception altogether. In this case, the independent radiologist, appointed by the center, allegedly did not take care of an arteriovenous fistula on the patient’s spine over the entire course of treatment of three years. The imaging center was responsible for contracting the independent radiologist involved in this case.
Therefore, the court held the imaging center responsible for this negligence. In this lawsuit, the court made it clear that a patient, seeking medical attention from hospitals, radiology centers or any other institution, considers everyone to work as an employee of the health care provider. Therefore, even the centre, which has appointed an independent radiologist, remains as responsible as anyone else.
The Other Side
Contrary to the latest verdict, Marion Open MRI, Marion, Indiana, remarked that the 1999 verdict remains restricted to hospital operations. To support their stand, they further argued that the hospitals cater to a wider variety of medical facilities.
Sometimes, the hospital employees offer these services, while sometimes, independent providers do the same. It also added that patients do not need to know every detail about the source of such care providers.
The Final Verdict
Keeping all the controversy and different opinions in mind, the Court of Appeals in Indiana decided to keep both cases as reference. Along with the 1999 case, the court also cited the examples of Webster Vs. the Center for Diagnostic Imaging Inc. case followed by the 2017 Arrendale case.
The court wrote its final opinion on 14th May and stated that patients receiving treatment and medical care in a hospital have every reason to consider that the doctors offering care are agents or employees of the particular hospital. Similarly, the diagnostic imaging center patients may also deem that the caregivers and professionals there are agents or employees of the center if not conveyed otherwise. Hence, the court declared that Sword applied to the diagnostic imaging center as well.
This groundbreaking decision further implies that other healthcare providers, professional medical corporations, and medical centers will now be responsible for all their independent radiologist’s actions.
Radiology is undoubtedly the future of the medical care sector. However, best imaging practices come with constant up-gradation of the systems. Technology is an ever-evolving process. Hence, the best imaging techniques necessarily refer to the latest ones.
At SepStream®, we make sure to keep our imaging software solutions at par with the latest upgrades. With us, you will get the best solutions and affordable prices. Our customer support team will help you pick the best software solution for you. Our advanced AI algorithms guarantee flawless imaging and reports for an improved medical care experience.