Imaging centers may be held liable for independent radiologists’ negligence, court rules
An Indiana court recently ruled that imaging centers may be held liable for independent radiologists’ negligence, expanding the state’s medical malpractice rules beyond hospital-based settings.
A 1999 Indiana Supreme Court case—Sword v. NKC Hospitals, Inc.—determined only hospitals could be held “vicariously liable” for the negligence of independently contracted physicians. But that changed after Harold Arrendale sued Marion Open MRI in 2017, alleging an independent radiologist contracted by the imaging center missed an arteriovenous fistula on his spine during the nearly three years he sought care there.
In Arrendale’s lawsuit, he contends that when a patient receives care in a facility, whether it be a nursing home, radiology center or otherwise, that individual expects healthcare providers are functioning as employees of that organization.
On the flip side, Marion Open MRI, located in Marion, Indiana, said the 1999 ruling should be limited to hospital settings. The group argued hospitals—unlike imaging centers—provide a wide array of medical services and some care may be provided by hospital employees or independently contracted providers. Commenting further, it argued patients have “no reason” to know whether a contractor or direct hire provided such care.
During its deliberation, the Indiana Court of Appeals also referred to a 2017 case—Webster v. the Center for Diagnostic Imaging Inc.—before ultimately siding with Arrendale.
“In short, just as it is reasonable for a hospital patient to believe that the doctors providing care in a hospital are employees or agents of the hospital, it is reasonable for a patient of a diagnostic imaging center to believe that the radiologists interpreting images for the center are employees or agents of the center, unless the center informs the patient to the contrary,” the court wrote in an opinion dated May 14. “We therefore hold Sword applies to diagnostic imaging centers.”
The decision implies a similar stance will be taken for other healthcare providers, including medical centers and professional medical corporations.
Read the entire decision here.
Matt joined Chicago’s TriMed team in 2018 covering all areas of health imaging after two years reporting on the hospital field. He holds a bachelor’s in English from UIC, and enjoys a good cup of coffee and an interesting documentary.