Medicolegal issues. An anatomic pathologist's perspective.

Abstract

In the practice of anatomic pathology, the standard of care must be met in all instances if the possibility of an adverse legal action is to be avoided. Whether one practices surgical, cyto-, or necropsy pathology, one is at risk. Constant vigilance, following appropriate guidelines, and well-designed quality assurance programs are all important in reducing the possibility of litigation. During intraoperative consultations direct communication with the surgeon is often essential. If an adequate legal defense is to be had, documentation of the precautions taken in an individual case is necessary. Outside consultants should be chosen carefully based on their expertise in the area of concern, and preferably only one consultation should be requested on a particular case. House staff in training should be given graduated responsibility, but their work, in general, should be supervised by an attending pathologist who has hospital privileges. In giving testimony as a defendant, one should never admit a departure or deviation from the standard of care. As an expert witness, it is important that one's testimony be objective and impartial. One should not attempt to answer questions outside one's area of expertise.