Medicolegal liability in surgical pathology: a consideration of underlying causes and selected pertinent concepts

Malpractice actions against surgical pathologists are still relatively uncommon, but they have increased in frequency over time and are associated with sizable indemnity figures. This discussion categorizes areas of liability in surgical pathology into three groups: those that represent health system flaws (problems with specimen identification, or transportation, or both; lack of clinical information or erroneous information; sampling effects and defects; and poorly reproducible or poorly defined diagnostic or prognostic criteria), others that exist at the interface between the system and individuals (allowing clinicians to bypass pathologic review of referred specimens; acceding to clinical demands for inadvisable procedures; and working in a disruptive environment), and truly individual errors by pathologists (lapses in reasoning; deficiencies concerning continuity in the laboratory; invalid assumptions regarding recipients of surgical pathology reports; over-reliance on the results of "special" tests; and problems with peer consultation). Finally, two important topic areas are discussed that commonly enter into lawsuits filed against surgical pathologists; namely, "delay in diagnosis" of malignant neoplasms and "failure to provide adequate prognostic information." Based on a review of the pertinent literature, we conclude that the clinical courses of most common malignancies are not affected in a significant manner by delays in diagnosis. Moreover, the practice of using "personalized external validity" for supposedly prognostic tests is examined, with the resulting opinion that prognostication of tumor behavior in individual patients is not reliable using anything but anatomic staging systems.     

Medicolegal liability in laboratory medicine

The laboratory testing process, including the preanalytic, analytic, and postanalytic phases, is an area where errors frequently occur. These errors may impair the diagnostic process and compromise patient safety. Delay in diagnosis and failure to diagnose are common reasons for a medicolegal action. It is estimated that over 70% of medical decisions are made using laboratory data. For this reason, the laboratory is often involved either directly or indirectly in medical liability cases. The laboratory and hospital need to design systems that reduce the possibility of error and to rapidly identify and resolve the errors that do occur. Because the pre- and postanalytic processes extend into the clinical operations of the hospital, the laboratory can play an important role in promoting patient safety by assisting clinicians with test ordering, communicating test results appropriately, and aiding in the interpretation of results.     

Tort reform: the pathologists' perspective

Physicians who become ensnarled in malpractice litigation often feel that the tort system has treated them unfairly. This negative perception has fueled physician efforts to enact "reforms" intended to mitigate the damage that allegations of medical negligence currently have on both individual physicians and on the practice of medicine itself. Although physicians are generally enthusiastic about "reform," there is currently no definition that allows tort "reform" to be separated from related initiatives. Some physicians largely restrict the term to defendant-friendly changes in the rules and procedures governing the workings of the tort system, whereas others take a somewhat broader view. In the present paper, we have favored the broader approach to the topic, leading to a discussion of 30 measures that have been presented in the context of tort "reform." Although most of these measures involve changes in the complex rules governing the malpractice tort system itself (eg, capping jury awarded damages), our broader view of "reform" also includes attempts to exert influence on the tort system from the outside (eg, peer review of expert testimony) and measures designed to keep patient dissatisfaction out of the tort system (eg, apology for error). Some would argue for an even broader view of tort "reform" that would including measures for reducing the pool of dissatisfied patients. For example, trial lawyers have claimed that physicians have put far too much effort into "reforms" that reduce the legal consequences of committing medical errors, and not enough effort into "reforms" that would reduce the errors themselves. The latter point may or may not have some validity, but there is a natural demarcation between measures designed to align medical outcomes with patient expectations (eg, error reduction, better diagnostic technology) and others designed to improve the processes that resolve patient dissatisfaction. Only the latter meet our definition of tort "reform."     

Delivering a pathology curriculum in an integrated medical course

In penile squamous cell carcinoma (PSCC), the outcome largely depends on early detection and resection of inguinal lymph node metastases. We investigated the role of metastasis suppressor protein kang ai 1 (KAI1)/cluster of differentiation 82 (CD82), which is known to be of prognostic significance for a wide variety of cancers. Moreover, we analysed the tumours for human papillomavirus (HPV) DNA and loss of heterozygosity at the 11p11.2 locus. Tissue samples of 30 primary PSCCs were investigated immunohistochemically using an anti-KAI1/CD82 polyclonal antibody. The expression was assessed according to the degree of KAI1/CD82-positive tumour cells as positive, decreased or negative. The presence of HPV6/11, HPV16 and HPV18 DNA was analysed by polymerase chain reaction. All patients with decreased or negative expression of KAI1/CD82 in primary lesions had lymph node metastases (p = 0.0002). Patients with positive KAI1/CD82 expression showed a significant better prognosis for survival compared to the other groups (p = 0.0042). Presence of HPV DNA was associated with decreased or negative KAI1/CD82 expression. Lacking or decreased expression of metastasis suppressor gene KAI1/CD82 appears to be a prognostic parameter for the occurrence of lymph node metastases in PSCC. Our study suggests an association of decreased KAI1/CD82 expression with tumour progression, development of metastases and disease-specific death.     

Medical students' perceptions of pathology and the effect of the second-year pathology course

To explore the perceptions of medical students regarding pathology and the effect of the sophomore pathology course, a questionnaire was given to second-year students from 5 different medical schools at the beginning and again at the completion of their pathology course. The questionnaire was given to students in the class of 1995 and then again for those in the class of 2002, with nearly 1,500 surveys collected over the study period. The survey included questions that sought to determine students' affinity for pathology, their understanding of the typical duties of a pathologist, and how they viewed pathology relative to other specialties and perceived positives and negatives of being a pathologist. Overall, the second-year pathology course had little effect on medical students' perceptions of pathology but did provide some increase in their understanding of pathology as a profession. Responses were in general stable when comparing the different classes. Those students interested in pathology emphasized the intellectual aspects of pathology although being less deterred by negative factors such as limited patient contact. In our sample of medical schools, the sophomore pathology course was ineffective at influencing students' perceptions of pathology. Furthermore, those students who are interested in pathology are drawn because of a perceived fit between their personalities and the perception of pathology as a solely scholarly and isolated specialty. Better education about the practice of pathology in the second year, and more importantly, continuing into the clinical years, is necessary to combat these misconceptions about pathology.     

Sex and congenital malformations: an international perspective

The study evaluated the sex distribution of major isolated malformations and common trisomies among a large and geographically varied sample. Eighteen registries from 24 countries contributed cases, which were centrally reviewed and classified in three clinical types as isolated, associated, or syndromic. We selected cases of 26 major defects (n = 108,534); trisomy 21, 18, and 13 (n = 30,114); other syndromes (n = 2,898); and multiple congenital anomalies (n = 24,197), for a total of 165,743 cases. We observed a significant deviation of sex distribution (compared to a sex ratio of 1.06 or male proportion of 51.4%) for 24 of the 29 groups (a male excess in 16, a female excess in 8), and in 8 of such groups these estimates varied significantly across registries. A male excess was noted for two left obstructive cardiac defects (hypoplastic left heart and coarctation of the aorta) and a female excess for all the main types of neural tube defects. A male excess was seen for omphalocele but not gastroschisis. For neural tube defects the female excess tended to be stronger in areas with historically high prevalence for these defects. For 15 of the 26 birth defects the sex distribution differed among isolated, associated, and syndromic cases. Some of these epidemiologic commonalities are consistent with known or putative developmental processes. Further, the geographic variation for some defects may reflect local prevalence rates and risk factors. Finally, the findings underscore the need for clinical classification (e.g., into isolated, multiple, syndromes) in studies of birth defects.     

AIDS and older persons: an international perspective

The impact of the worldwide AIDS epidemic on persons aged 50 years or older has received relatively little consideration except in the United States, where interest has focused almost exclusively on older persons living with AIDS or at risk for infection. The place of older persons in the epidemic deserves international attention because their lives are being significantly affected in a variety of ways. Because most of the epidemic occurs in the developing regions of the world, especially in Africa and Asia, efforts to understand and deal with the concerns of older persons in relation to AIDS in those settings need expansion. Although older persons represent a non-negligible minority of the reported global caseload, a far larger number of older persons are affected through the illness and death of their adult children and younger generation relatives who contract AIDS. From a global perspective, a broader concern encompassing those who are affected through the infection of others rather than a narrow concern with those who are at risk or infected themselves is called for if the needs of the large majority of older persons adversely affected by the epidemic are to be addressed.     

The integration of pathology into the clinical years of undergraduate medical education: a survey and review of the literature

Pathology as a basic science discipline traditionally is a component of the preclinical medical school curriculum. While there have been regional and nationwide surveys reporting on the curricular organization and instructional formats of preclinical pathology instruction, the extent of required pathology integration into the clinical medical school curriculum, particularly as it relates to practical issues of patient management, has not been studied. A survey soliciting information about required pathology programs in the clinical years was distributed to the members of the Undergraduate Medical Educators Section of the Association of Pathology Chairs (APC). A literature search of such programs was also performed. Thirty-seven respondents representing 30 medical schools (21% of the 140 Liaison Committee on Medical Education-accredited medical schools in the APC) described a total of 16 required pathology programs in the clinical years. An additional 10 programs were identified in the literature. Advantages of required pathology activities in the clinical years include educating medical students in effective utilization of anatomic and clinical pathology for patient care and exposing them to the practice of pathology. Reported challenges have been competition for curricular time in the clinical years, attitudinal resistance by clerkship directors, failure to recognize pathology as a clinical discipline, and insufficient number of faculty in pathology departments. By survey sample and literature review, there has been relatively little progress in the integration of required pathology exposure into the clinical years. Development of practice-related pathology competencies may facilitate introduction of such curricular programs in the future.     

Information technology and patient safety in nursing practice: an international perspective

When people become patients, they place their trust in their health care providers. As providers assume responsibility for their diagnosis and treatment, patients have a right to expect that this will include responsibility for their safety during all aspects of care. However, increasing epidemiological data make it clear that patient safety is a global problem. Improved nursing care may prevent many adverse events, and nursing must take a stronger leadership role in this area. Although errors are almost inevitable, safety can be improved, and health care institutions are increasingly making safety a top priority. Information technology provides safety benefits by enhancing communication and delivering decision-support; its use will likely be a cornerstone for improving safety. This paper will discuss the status of patient safety from an international viewpoint, provide case studies from different countries, and discuss information technology solutions from a nursing perspective.     

Misdiagnosis and failure to diagnose in emergency care: Causes and empathy as a solution

Diagnostic error is the most frequent cause of allegations of negligence in emergency care in the United States and is estimated to contribute to the death of hundreds of thousands of patients worldwide each year. In this special contribution, we elucidate the cognitive mechanisms that emergency physicians use to make decisions and identify how these mechanisms can become sources of diagnostic error. The discussion centers on the appraisal of proposed methods to reduce the risk of diagnostic error, including debiasing strategies and a brief discussion of the theoretical basis for interventions to improve clinician empathy.     

An international summer school on health informatics: a collaborative effort of the Amsterdam Medical Informatics Program and IPhiE--the International Partnership for Health Informatics Education

PURPOSE: Today, the need for health informatics training for health care professionals is acknowledged and educational opportunities for these professionals are increasing. To contribute to these efforts, a new initiative was undertaken by the Medical Informatics Program of the University of Amsterdam-Academic Medical Center and IPHIE (IPhiE)-the International Partnership for Health Informatics Education. In the year 2004, a summer school on health informatics was organized for advanced medical students from all over the world. METHODS: We elaborate on the goals and the program for this summer school. In developing the course, we followed the international guidelines of the International Medical Informatics Association-IMIA. Students provided feedback for the course through both summative and formative evaluations. As a result of these evaluations, we outline the lessons we have learned and what consequences these results have had in revising the course. RESULTS: Overall the results of both the summative and formative evaluation of the summer school showed that we succeeded in the goals we set at the beginning of the course. Students highly appreciated the course content and indicated that the course fulfilled their educational needs. The decision support and image processing computer practicums however proved too high level. We therefore will redesign these practicums to competence requirements of medical doctors as defined by IMIA. All participants recommended the summer school event to other students. CONCLUSIONS: Our experiences demonstrated a true need for health informatics education among medical students and that even a 2 weeks course can fulfill health informatics educational needs of these future physicians. Further establishment of health informatics courses for other health professions is recommended.     

Duty to disclose in medical genetics: A legal perspective

As technical knowledge and public information in medical genetics continue to expand, the geneticist may expect to be held responsible for informing patients and clients about new developments in research and diagnosis. The long legal evolution of the physician's duty to disclose, and more recent findings of a physician's duty to recall former patients to inform them about newly discovered risks of treatment, indicate that medical geneticists may have a duty to disclose both current and future information about conditions that are or could be inherited. Recent case law supports findings of professional liability for both present and future disclosure, even in the absence of an active physician-patient relationship. The requirement of candid and complete disclosure will affect the counseling approach in testing for deleterious genes and in providing medical treatment for minors with hereditary diseases. Finding a duty to recall may impose further professional burdens on the geneticist to reach beyond the immediate counseling arena and to recontact patients, perhaps years after their initial visit to genetics clinic.     

Teaching and continuing education in pathology

Pathology is both a clinical and pre-clinical subject, a bridge between the clinical disciplines and the basic sciences. The teaching of organ pathology should be given to a major extent during the first clinical year, and only part of it should be integrated with the clinical courses, e.g., pediatric pathology and dermatopathology. The knowledge obtained from pathology courses provides a foundation for continuing education throughout the physician's professional life. Continuing education of academic pathologists includes activities of professional societies, following scientific journals, attending congresses and symposia, both national and international, sabbaticals, and shorter visits to other pathological laboratories. Continuing education of hospital pathologists should follow the same lines. In addition, the professional societies and academic pathologists should arrange courses and slide seminars especially for hospital pathologists. Hospital administrators should be informed about the importance of continuing education.     

Academic cardiac surgery in Croatia: perspective through eyes of an international collaborator

Academic medicine has reached a cross-road around the world. The explosion of technology, new medicines and techniques, instant international communications and globalization, coupled with countries needs to reduce spiraling health care costs has lead to a questioning of the need for academic centers as they have existed in the past. Death from cardiovascular diseases continues to be among the leading causes of death around the world and so academic cardiac surgery will have to accept and master the challenges that it now faces if it is to survive and thrive in the future. Cardiac surgery in Croatia has a unique opportunity now to model itself after successful programs in Europe and the United States, which have not only survived in this new milieu, but serve as new models for academic cardiac surgery.     

Medical malpractice actions: procedural elements

Medical malpractice suits are intensely anxiety-provoking for physicians, in part because of the foreignness of legal terminology and procedure that accompanies them. Consultations with attorneys in such matters may be confusing, and the sequence of necessary legal steps, after the filing of a complaint against the physician, can appear to be arcane and laborious. This brief discussion outlines the legal terminology and procedure that are part of any tort action--including malpractice--with the goal of reducing unfamiliarity with those elements on the part of physicians.