Radiology and the courts: the first 100 years

The authors examine the impact of legal decisions over the past 100 years on the practice of radiology. Eleven cases are reviewed that have national implications for radiology. Five themes emerged. (a) Radiology is a medical service, to be billed as such, rather than a hospital service. (b) Physicians and their organizations are subject to federal antitrust laws and regulations. (c) Applicability of state regulations to radiology practices depends on legislative intent and actual circumstances. (d) Hospitals and physician groups are entitled to make exclusive contracts for valid business purposes. Radiologists losing such contracts are entitled to due process before being deprived of staff privileges. (e) Physicians practicing in managed care plans remain liable for untoward patient results of adherence to plan protocols even if conformity to those protocols is a requirement for participation. As the practice of medicine becomes more complex, radiologists face additional legal challenges fashioned for a business environment.