Physicians found negligent for not performing CT scan

In the Courts. By Tanya Albert, AMNews staff. April 12, 2004.

The federal government estimates that defensive medicine costs $70 billion to $126 billion annually, but any effort to stem the tide of "just-in-case" blood tests, x-rays, CT scans or MRIs could be stymied by a recent $5 million jury award in Maryland.

A family sued their infant's pediatrician, an emergency department physician and an on-call pediatrician at the hospital for not ordering a CT scan. To the doctors, the 11-month-old boy appeared normal and in no need of the test.

But after the infant had more serious injuries resulting from an incident at his babysitter's home a couple of weeks later, the parents faulted the physicians for not ordering the CT scan they believe would have shown the boy was being abused.

While a plaintiff's attorney says the February Charles County verdict shouldn't send physicians running to order CT scans for every child that comes in with a head injury, many doctors say that's the exact effect the ruling could have.

The babysitter originally brought the baby, Jack, to his pediatrician's office around noon on Nov. 18, 1998. The infant's mother met the two there. The babysitter told the doctor that the infant hit his head on the floor.

The pediatrician didn't see any signs of injury -- no bleeding, no bruises. The boy appeared alert and neurologically normal. The infant didn't have a history that would lead the physician to suspect child abuse. The pediatrician sent the infant home with his mother, Robyn Sprague. He told her to keep an eye on the boy and call if there were any concerns.