Protecting the sonographer
THE SONOGRAPHY
discussions
Protecting the sonographer When discussing how best to protect the sonographer, there are two key focus areas: medico-legal issues and professional occupational health and safety. Ian Schroen, ASA President, and Kerry MacManus, Berkley Insurance Australia, share their views on how to promote better and safer practices for sonographers in the future, while also addressing the need to protect their mental health amid burnout and increasing workplace demands.
Kerry McManus Senior Claims Adjuster | Berkley Insurance Australia
Kerry is a legally qualified insurance professional specialising in medical malpractice and professional indemnity, with experience in claims both nationally and internationally. She started her career in a private litigation practice in Ireland before moving to Australia and taking up a claims role in a niche allied health insurer. Kerry has since moved on to work with a major international insurer where she managed a portfolio of high profile, blue-chip clients, including private hospitals. Her current role at Berkley Insurance Australia sees her managing a varied portfolio, including significant claims for health professionals, lawyers and accountants.
What potential legal risks do sonographers face? There are many risks sonographers may face, as with any profession, but not all risks automatically result in legal proceedings. Although sonographers generally work under the direction of a radiologist in a clinical or hospital setting and carry out procedures in accordance with a specific referral, they still have an individual responsibility to their patients to carry out their work with due care and skill. While we can’t provide an exhaustive list of potential exposures, some examples include: • clinical risks, such as errors in imaging, resulting in a missed diagnosis of cancerous lesions, or missed opportunities to identify abnormalities during morphology or obstetric scans • practical risks, such as failing to take appropriate steps to identify fall hazards, resulting in falls from the treatment table • communication risks, such as failing to obtain informed consent before a procedure or examination • information risks arising from breaches of confidentiality.
Building that rapport and communicating openly and effectively can assist in minimising the risk of a claim or complaint. KERRY MCMANUS Have you noticed any trends in sonographerrelated lawsuits? The main areas we see activity in are the areas of clinical risks resulting in misdiagnosis or delayed diagnosis, and communication risks relating to informed consent and miscommunication. However, it is important to remember that an allegation does not always result in legal proceedings. If a circumstance arises that calls into question the integrity, skill or professionalism of the sonographer, regardless of whether it results in a claim, it can be an incredibly worrying and stressful time for that individual and it is important to notify professional insurers without delay.
How can sonographers best protect themselves from being listed in a complaint? There is no guaranteed way to wholly prevent a claim or complaint being brought, and it all comes down to individual circumstances. There are, however, some ways to potentially mitigate or reduce the chances: One area we see claims or complaints arising is actual or perceived miscommunication. In these circumstances, the rapport that the sonographer builds with the patient is important. Building that rapport and communicating openly and effectively can assist in minimising the risk of a claim or complaint. Accurately document communications and actions in sufficient detail so that others can read and understand what was said, what was done and why it is not only a requirement for medical records but can greatly assist if a claim or complaint is made. Good records can prevent issues arising from a misunderstanding. It is also more difficult to defend something without contemporaneous records. A more obvious preventive step is to make sure that imaging is as accurate and clear as possible and if there are issues compromising this, for example, body mass, to specifically note the limitations experienced so that the referring doctor is aware of the problem. Mistakes do happen, and unintentional errors can occur despite best efforts. One way to protect a sonographer in the event they are named as a defendant in legal proceedings is to ensure up-to-date professional indemnity insurance is in place. soundeffects news
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