Stephen R. Baker MD, Presenter: Director, One Call Medical, Inc

Valdis Lelkes BA, Abstract Co-Author: Nothing to Disclose

Ronak H. Patel BA, Abstract Co-Author: Nothing to Disclose

Humaira Chaudhry MD, Abstract Co-Author: Nothing to Disclose

To determine the frequency and causes of malpractice suits involving patients aged 70 and older in relation to total malpractice suits in a survey of 8,401 radiologists.

The malpractice histories of 8,401 radiologists were evaluated from credentialing data required for all radiologists participating in the network of One Call Medical Incorporated, a broker for CT/MR studies and workmen’s compensation cases. Information was available from radiologists in 47states. 

The 142 claims made on behalf of an elderly patient represented 3% of all malpractice cases initiated by plaintiffs of all ages. Relatively more cases involving the elderly were settled in favor of the plaintiff, 108 out of 142 (76%), than were claims among all age groups, (48%). Failure to diagnose was the most common error that engendered a claim in the elderly. Unlike suits in those under 70 years of age, in which breast disease in women was the most common cause, in these seniors incorrect diagnosis of vascular abnormalities was the most frequent. The mean payment ($182,888) awarded to elderly plaintiffs was lower than that awarded to those who were younger (430,000).

Malpractice suits in the elderly differ than those involving younger plaintiffs in two ways. Vascular disease was the leading focus of suits in those over 70 whereas breast disease was the most common cause in patients below that age. In addition, mean malpractice awards were much lower in older patients. 

The constituents of malpractice suits and awards are distinctly different in the elderly compared with patients at large. 

Baker, S, Lelkes, V, Patel, R, Chaudhry, H, The Frequency and Causes of Malpractice Suits Involving the Elderly: A National Study.  Radiological Society of North America 2012 Scientific Assembly and Annual Meeting, November 25 - November 30, 2012 ,Chicago IL. http://archive.rsna.org/2012/12031071.html