Unrealistic expectations spawn much flawed medical malpractice litigation. Nowhere is this more true than with popular screening tests.
"The
Papanicolaou smear is arguably the most cost-effective cancer screening test
ever devised" 1.
As with mammography however, public health promotion of the test has resulted
in grossly distorted perceptions of its power to detect and prevent disease. Laboratory
error does not equate with negligence.
Practice PointLaboratory error is inevitable and is not de facto evidence of substandard technique |
Practice PointThe very best medical screening tests are subject to significant proportions of false negative and false positive results |
The
errors of tests for screening a healthy population tend to be especially
problematic, particularly if the probability of the presence of the disease in
a given individual is low. The dilemma is that a high proportion of individuals
who do not suffer from the disease amplifies the conflict between sensitivity
and specificity. A meta-analysis
(see Bacterial Meningitis)
of research has shown that 90-95% sensitivity of the Pap smear is
intrinsically associated with a specificity of only 20-35% 2.
Practice PointUnlawful death from cervical carcinoma following a negative Pap smear may arise from clinical, not laboratory, negligence |
The
legal implications of this medical
dilemma are far-reaching. Undoubtedly some laboratories produce substandard
results, and these are the legitimate target of medical malpractice litigation.
However, the degree of deviation of the reading of the Pap smear from the
average acceptable technical standard is a matter for expert medical opinion.
Practice PointOccasional disability or death resulting from the investigation of non-disease is an inevitable accompaniment of some screening procedures |
The zero
error standard implicit in the prevalent medicolegal climate is inevitably
far from medical reality 1.
The tragic death of a woman from carcinoma of the cervix after a
normal Pap smear is not de facto evidence of laboratory medical
malpractice. Nevertheless, misinterpretation or misrepresentation of the significance
of a negative Pap smear by the clinician may sometimes amount to negligence.
Copyright © 2009 Electronic Handbook of Legal Medicine