person, when consulted by a patient owes him certain duties viz., a duty of care in deciding whether to undertake the case, a duty of care in deciding what treatment to give or a duty of care in the administration of that treatment. A breach of any of those duties gives a right of action for negligence to the patient. The practitioner must bring to his task a reasonable degree of skill and knowledge and must exercise a reasonable degree of care. Neither the very highest nor very low degree of care and competence judged in the light
of the particular circumstances of each case is what the law requires.”
Other than negligence there are other legalities in ultrasonography such as missed diagnosis, invented lesions, and misreported lesions. "Missed diagnosis in ultrasonography is a disease/lesion which could not be interpreted properly, and reported appropriately by the sonographer, in spite
of it being there and is
obvious when another sonographer does the ultrasound scan with reasonable skill and care within reasonable time from the first scan," informs Dr Unni.
"Radiologic errors are of two types: cognitive, in which an abnormality is seen but its nature is misinterpreted, and perceptual or the ‘miss’, in which a radiologic abnormality is simply not seen by the radiologist on initial interpretation. The perceptual variety accounts for approximately 80 per cent of all radiologic errors. Because radiologic errors are common, and allegations that a diagnostic error has been committed account for 70 per cent of all medical malpractice lawsuits filed against radiologists, it is no wonder that radiologists are being forced into the courtroom as defendants in malpractice actions with disconcertingly high frequency," elaborates Dr Chudgar.
"The Supreme Court of India, in Jacob Mathew v. State of Punjab (2005) 6 SCC 1, held that, “A professional may be held liable for negligence on one of the two findings: either he was not possessed of the requisite skill which he professed to have possessed, or, he did not exercise, with reasonable competence in the given case, the skill which he did possess. The standard to be applied for