Legal Question in Medical Malpractice in Pennsylvania

In the state of Pennsylvania, what are the laws for Endoscopy Techs; as far as advancing the scope for the doctors. Where can I find these laws?


Asked on 1/24/10, 4:29 pm

1 Answer from Attorneys

Arthur Newmark Arthur Newmark, M.D.. Esq

It would be unusual for an administrative code to go into such details. The relevant issue from a malpractice standpoint, is that a physician should be responsible to see that the scope is advanced in a proper manner, taking into account adequate visualization, and any resistance encountered, regardless of who supplies the muscle power to advance the scope.

This could be relevant in the case of perforation, but the standard that it would be judged would the �professional standard of care�, as opposed to have a specific state statute.

If you suffered a significant injury in the course of an endoscopy, you should discuss your case with a medical malpractice attorney as soon as possible. Most medical malpractice attorneys will speak to you over the phone, without charge, to see if you may have the case that they been interested in becoming involved in.

http://www.pacode.com/secure/data/028/028toc.html

Title 28 of the Pennsylvania Administrative Code deals with the regulation of the health professions. Doing a search, the only reference I find to endoscopy is in the footnote below.

ENDOSCOPY

1) Office Endoscopy, edited by Bergein F. Overholt and Sarkis J. Chobanian.

2) Planning an Endoscopy Suite for Office and Hospital, by Jerome D. Waye and Martin E. Rich

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Answered on 1/29/10, 5:39 pm


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