On December 4, 1998, 11-month old Jack Sprague, while with his babysitter, suffered a subdural hematoma that has left him disabled. A Maryland jury just awarded $5 million against three doctors who saw Jack a couple of weeks earlier–the theory being that if they had performed a CT scan on the infant, the parents would have discovered the babysitter’s alleged abuse earlier, preventing the injury. (The babysitter, Nancy Brookbank, was convicted of child abuse and acquitted of assault; the conviction was overturned because defense lawyers were forbidden from questioning the infant’s mother about the civil lawsuit; a retrial has yet to be scheduled.) Never mind that all three doctors diagnosed the asymptomatic infant as healthy: “What harm could it have done to do a CAT scan?” a juror asked. Well, even aside from the cost, and the risk of an anesthetic on an infant, doctors warn against unnecessary CAT scans to children because of the radiation exposure. How many healthy children will end up with cancer because of defensive medicine in response to this verdict? (Michael Amon, “$5 Million Awarded in Medical Malpractice Suit”, Washington Post, Feb. 15; Michael Amon, “Medical Malpractice Suit Goes to Jury”, Washington Post, Feb. 12; Michael Amon, “Pediatricians’ Testimony Backs Doctors”, Washington Post, Feb. 8; Michael Amon, “Court Orders New Trial For Waldorf Babysitter”, Washington Post, Dec. 21). Update: American Medical News provides more info. (Tanya Albert, “Physicians found negligent for not performing CT scan”, Apr. 12).

Filed under: Maryland, medical