Legal Pearls: Public Knowledge Does Not Equal Medical Expert Testimony

The patient had a history of chronic headaches and was referred to an interventional radiologist for a 4-vessel cerebral angiogram to help determine the cause. The procedure went normally with no complications.

While in the recovery room, the patient told a nurse that he was having a frontal headache and spots in his field of vision. The nurse reported the symptoms to the physician, who was performing another procedure at the time. Later, the doctor was told that the spots in the patient’s vision had resolved, but he still had a headache. There were no other visual changes, weakness, slurred speech, or facial palsies. Given the patient’s history of headaches, and the possibility that the angiogram had caused a migraine, the doctor prescribed pain medication. The doctor discharged the patient shortly after.

The next morning the patient returned to the medical center via ambulance after being disoriented at home. An MRI was performed which indicated signs of a recent stroke.

Was the doctor at fault?

(Discussion on next page)

Ann W. Latner, JD, is a freelance writer and attorney based in New York. She was formerly the director of periodicals at the American Pharmacists Association and editor of Pharmacy Times.