Ms. Gelfand et al., STREPTOCOCCAL MENINGITIS AS A COMPLICATION OF DIAGNOSTIC MYELOGRAPHY - MEDICOLEGAL ASPECTS, Clinical infectious diseases, 22(1), 1996, pp. 130-132
Infections and their management are frequently the object of medicoleg
al proceedings. During their professional lifetime, most doctors will
seek legal advice because of patients' concerns that their treatment h
as led to an undesired outcome (which is not, by any means, equivalent
to negligence). In addition, doctors may appear as expert witnesses o
n behalf of either the plaintiff or the defendant. Although over the y
ears many doctors have altered their practice to meet criteria for ''d
efensive medicine,'' this concept is often not well understood, and th
e expectations of patients with regard to outcome of our intervention
are uncertain. As well, our colleagues in both the health and legal pr
ofessions often have varying expectations of our professional performa
nce as providers of care. What are the legal responsibilities with reg
ard to preventing infection and ensuring limits within which doctors p
ractice ''usual care and diligence.?'' When does a doctor step outside
these bounds and become culpable for injury to the patient? Gelfand a
nd Cook begin the first of what we hope will be a series of case studi
es that address some of these questions. In the two cases reported by
Gelfand and Cook, it was determined that there was no medical negligen
ce. Both of the individuals who had acquired streptococcal meningitis
in association with a myelographic procedure recovered completely. How
ever, Gelfand and Cook suggest that patients should be informed of thi
s rare but serious complication of myelography before undergoing the p
rocedure. Clinical Infectious Diseases would like readers to submit ma
nuscripts that address medicolegal issues. Each submitted article will
usually be reviewed by at least one lawyer and one physician with exp
ertise in the area of infectious diseases. These articles will provide
both interesting reviews of actual medicolegal procedure and ''case p
recedents'' that will be useful for infectious disease specialists and
attorneys. We invite your comments.