Abstract
This chapter reviews the legal concepts of malpractice as they relate to ultrasound in reproductive medicine. It addresses the responsibilities of supervising physicians, the qualifications for sonographers, and others who perform ultrasound, including the concept of respondeat superior. Presented are the most frequent causes of malpractice litigation resulting from the use of ultrasound. Specific clinical examples of common errors that lead to litigation are discussed comprising perception errors, interpretation errors, failing to suggest the next appropriate procedure, and failure to communicate significant abnormal findings. The importance of quality control and timely reporting is summarized as they relate to reproductive ultrasound. The author also addresses new horizons in ultrasound liability, such as first-trimester screening. A portion of the chapter is devoted to healthcare fraud related to the use of ultrasound in reproductive medicine, specifically addressing coding errors and fraudulent billing. Further, steps for establishing a compliance program for coding and billing are discussed. This serves as a resource for physicians assessing their practices, policies, and procedures
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
References
AIUM. Standards and guidelines for the accreditation of ultrasound practices. AIUM Ultrasound Practice Accreditation; December 17, 2010: http://www.aium.org/accreditation/accreditation.aspx. Accessed 11 July 2012.
AIUM, ASRM. AIUM practice guideline for ultrasonography in reproductive medicine. http://www.aium.org/accreditation/accreditation.aspx. 2009. Accessed 6 July 2012.
AIUM. AIUM practice guideline for the performance of sonohysterography. http://www.aium.org/accreditation/accreditation.aspx. 2007. Accessed 20 July 2012
AIUM. AIUM practice guideline for the performance of pelvic ultrasound examinations. http://www.aium.org/accreditation/accreditation.aspx. 2009. Accessed 19 July 2012.
AIUM. Guidelines for performance of a focused reproductive endocrinology and infertility scan. http://www.aium.org/resources/guidelines/reproductiveEndo.pdf. 2012. Accessed 4 June 2012.
CMS. Medicare requirements for physician supervision of sonographers. http://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/PhysicianFeeSched/PFS-Relative-Value-Files.html. Accessed 12 Mar 2012.
Garner BA, editor. Black’s law dictionary. 8th ed. St. Paul: West Group; 2004.
Sanders RC. Changing patterns in ultrasound-related litigation. J Ultrasound Med. 2003;22:1009–15.
Raskin MM. Liability of radiologists. Legal medicine. 6th ed. Philadelphia: Mosby; 2004. p. 456–60.
Berlin L, Hendrix R. Perceptual errors and negligence. Am J Roentgenol. 1998;170(4):863–7.
Berlin L. Malpractice issues in radiology: defending the “missed” radiographic diagnosis. Am J Roentgenol. 2001;176:317–32.
Montgomery v. South County Radiologists, Inc., 49 S.W.2s 191 (2001).
ACOG. Screening for fetal chromosomal abnormalities. ACOG Practice Bull. 2007;77(January):1–11.
Foley & Lardner. OIG issues final compliance program guidance for individual and small group physician practices. Milwaukee: Foley & Lardner; 2000.
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2014 Springer Science+Business Media New York
About this chapter
Cite this chapter
Shwayder, J.M. (2014). Legal Aspects of Ultrasound Imaging in Reproductive Medicine. In: Stadtmauer, L., Tur-Kaspa, I. (eds) Ultrasound Imaging in Reproductive Medicine. Springer, New York, NY. https://doi.org/10.1007/978-1-4614-9182-8_4
Download citation
DOI: https://doi.org/10.1007/978-1-4614-9182-8_4
Published:
Publisher Name: Springer, New York, NY
Print ISBN: 978-1-4614-9181-1
Online ISBN: 978-1-4614-9182-8
eBook Packages: MedicineMedicine (R0)