Leonard Berlin MD, Moderator: Nothing to Disclose

Timothy G. Nickels, Presenter: Nothing to Disclose

Clare Elizabeth McWilliams, Presenter: Nothing to Disclose

Keith A. Hebeisen, Presenter: Nothing to Disclose

Jonathan W. Berlin MD, Presenter: Stockholder, Nuance Communications, Inc Radiology Advisory Board, Nuance Communications, Inc

Lincoln L. Berland MD, Presenter: Consultant, Nuance Communications, Inc Stockholder, Nuance Communications, Inc

Mark E. Baker MD, Presenter: Research Consultant, Bracco Group Researcher, Siemens AG Research support, Siemens AG

1) Learn the various components of a medical malpractice lawsuit trial that is conducted in front of a jury in a courtroom. 2) Understand the specific roles of the presiding judge, the attorney for the plaintiff, the attorney for the defendant, and the expert witnesses who testify that the defenant radiologist either complied with, or breached, the standard of medical care. 3) Become apprised of how a jury of lay persons evaluate and judge the testimony of the witnesses, and the arguments of the opposing attorneys, by observing and listening to the jurors' deliberations. 4) Appreciate the dilemma faced by radiologists when observing an incidental finding which is observed on a radiologic exam obtained for unrelated reasons.

A mock trial will be held that focuses on an allegation of negligence against a radiologist who observed an incidental finding on an abdominal CT scan that was obtained for reasons unrelated to the finding.  The radiologist evaluated the finding, and determined that it was an insignificant and clinically unimportant finding, and thus reported  that the finding can be ignored by the referring physician.  The finding was forgotten until 18 months  later when it was determined that the incidental finding had in fact been an early carcinoma.  By that time the patient was inoperable, and despite treatment, died 8 months later.  The deceased patient's family filed a malpractice lawsuit  against the defendant-radiologist, alleging negligence because the radiologist had failed to raise the suspicion of malignancy and suggest additional studies.  Attempts to settle the lawsuit out of court were unsuccessful, and thus the lawsuit was ready  to be tried before a jury.  Ordinarily such a trial would last one to two weeks, but because of time restraints, the trial will be conducted over a period of 3 hours.  A real Judge who presides over malpractice trials in Chicago's courtroom, and  prominent plaintiff's and defense attorneys,  willl conduct the trial, in an abbreviated fashion, as they would in a real trial.  Two radiologist- expert witnesses will testify, one  critical,  and the other supportive, of the defendant radiologist.  When the testimony is over, there will be a video and audio feed of the jury's deliberations to the audience.  Following the rendering of a verdict, an  open discussion among the participants and the audience will be held.

Berlin, L, Nickels, T, McWilliams, C, Hebeisen, K, Berlin, J, Berland, L, Baker, M, Mock Jury Trial.  Radiological Society of North America 2014 Scientific Assembly and Annual Meeting, - ,Chicago IL. http://archive.rsna.org/2014/14006631.html