Radiology, Vol 195, 605-610, Copyright © 1995 by Radiological Society of North America
Radiology and the courts: the first 100 years
LL Lucey and OW Linton
American College of Radiology, Reston, VA 22091, USA.
The authors examine the impact of legal decisions over the past 100 years
on the practice of radiology. Eleven cases are reviewed that have national
implications for radiology. Five themes emerged. (a) Radiology is a medical
service, to be billed as such, rather than a hospital service. (b)
Physicians and their organizations are subject to federal antitrust laws
and regulations. (c) Applicability of state regulations to radiology
practices depends on legislative intent and actual circumstances. (d)
Hospitals and physician groups are entitled to make exclusive contracts for
valid business purposes. Radiologists losing such contracts are entitled to
due process before being deprived of staff privileges. (e) Physicians
practicing in managed care plans remain liable for untoward patient results
of adherence to plan protocols even if conformity to those protocols is a
requirement for participation. As the practice of medicine becomes more
complex, radiologists face additional legal challenges fashioned for a
business environment.
