Physicians should be legally liable for missing an atypical aortic dissection: PRO.
Discussion of the potential legal exposure of a health care provider for the failure to diagnose and treat a medical condition is premised on multiple considerations. The questions asked before taking legal action are if the case has merit, if the harm was caused by the act of omission or commission, if the damages were suffered as a result of that conduct, and the chances of success and the economic reality of pursuing the claim. The highly lethal nature of an acute aortic dissection makes it essential for the physician to recognize patients who are more likely to present atypically, and to aggressively pursue the diagnosis of acute aortic dissection. Whether the physician is ultimately liable for the poor outcome will depend not just on the breach of the standard of care, but whether it was a legal cause of the poor outcome. A poor outcome in and of itself does not create legal liability.
Lebovits
Moses
M
Daniels, Fine, Israel, Schonbuch & Lebovits, LLP, 1801 Century Park East, Ninth Floor, Los Angeles, CA 90067, USA. lebovits@dfis-law.com
D000784:Aortic Dissection / Q000175:diagnosis*; D001014:Aortic Aneurysm / Q000175:diagnosis*; D003951:Diagnostic Errors / Q000331:legislation & jurisprudence*; D006801:Humans; D016365:Liability, Legal; D008318:Malpractice / Q000331:legislation & jurisprudence*; D010820:Physicians / Q000331:legislation & jurisprudence*; D014481:United States