Negligence scenario (Civil Law Proceeding)
A patient reported sustaining injuries from lack of proper attention/negligent assistance while undergoing x-rays and retained a lawyer to claim for damages.
- Insurer hired an independent adjuster to investigate and it was found the technologist had been negligent in that matter.
- Insurer paid $5,500 ( bodily injury settlement + $1,424 in adjusting fees)
An elderly patient filed a complaint with the College alleging the technologist was abrupt and injured her while performing a CT scan.
- Counsel assisted the insured member with a response to the College and attended the meeting with a representative of the College to address the merits of the complaint.
- The College found the complaint had no merit.
- Insurer paid $9,735 in legal fees.
A patient filed a complaint with the College alleging the technologist had touched her inappropriately during an x-ray session and was uncomfortable with the manner in which she was handled during the test.
- The insured member retained a lawyer to assist with the response to the College and to attend the hearings.
- The College concluded the member was not guilty of professional misconduct.
- Insurer paid $12,125 in legal fees.
In the previous disciplinary scenario, the patient also filed for sexual assault under the criminal code.
- Under the CAMRT’s PLI plan there is an extension for criminal defense costs (often not the case with employer or union-provided plans).
Other Common Claims Examples
- Falling off a table or stool during a procedure and sustaining a bodily injury
- Patient briefing error re informed consent
- Treatment of the wrong patient (patient identification error)
- Releasing information without the patient’s consent
- Accusation of sexual misconduct upon inadvertent touching of sexual organ
- Imaging the wrong limb
- Treating the wrong area with radiation therapy
- Divulging information on a patient record
- Lifting a patient causing bodily injury
- Breast implant problem during radiation therapy or mammogram
- Unprofessional: attitude, voice, tone, etc.