Analysis of Malpractice Claims Involving Diagnostic and Interventional Neuroradiology

Radiologists are increasingly the subject of costly medical malpractice claims. As the field continues to expand to include numerous minimally invasive procedures and diagnostic studies, radiologists are more exposed than ever to medical malpractice. Despite this, little is known on the outcomes of these litigations.

A retrospective investigation of the VerdictSearch legal claims database was performed, examining litigations involving radiologists' interpretation of neuro-imaging and neurological procedures performed by radiologists (including interventional radiologists and diagnostic neuroradiologists). Allegations, outcomes, and payouts were examined.

In total, 126 cases were analyzed. Mean age of plaintiffs was 45 ± 18.8 years; 64 (50.8%) plaintiffs were men. Fifty-two (41%) cases listed irreversible brain damage as a complication. Paralysis and death were listed in 40 (32%) and 34 (27%) cases, respectively. In total, 44% (55) resulted in a defendant ruling, 25% (25) in a plaintiff ruling, 26% (33) in a settlement, and 5% (7) in a mixed decision. Total liabilities of the 126 cases were $390,329,929, with individual awards ranging from $50,000 to $45,000,000. Median plaintiff award was $2,877,847 (interquartile range: $1,250,000-$6,412,159; mean: $8,446,547 ± $13,036,244). Median settlement amount was $1,950,000 (interquartile range: $934,250-$3,625,000; mean: $2,455,250 ± $1,951,549).

This study is the first examination of legal claims involving neuroradiology. Over 50% of claims against radiologists end in provider loss, which is both financially costly and detrimental to physicians, practices, and institutions. This information may inform physicians regarding common diagnostic and interventional errors, and potentially minimize medicolegal risk.