Legal Liability Associated With rtPA Administration and Surrogate Decision Makers

Joseph S. Kass, MD, JD, FAAN; Rachel V. Rose, JD, MBA Cerebrovascular Disease p. 499-505 April 2020, Vol.26, No.2 doi: 10.1212/CON.0000000000000834
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Stroke is one of the most common conditions neurologists treat in emergency situations. This article examines the issues of surrogate decision makers and the physician’s potential legal liability in the context of the administration or nonadministration of recombinant tissue plasminogen activator (rtPA) in a common emergency department scenario.

Address correspondence to Dr Joseph S. Kass, Baylor College of Medicine, One Baylor Plaza M-210, Houston, TX 77030, kass@bcm.edu.

RELATIONSHIP DISCLOSURE: Dr Kass serves as associate editor of medicolegal issues for Continuum, as an associate editor for Continuum Audio, as a neurology section editor of Ferri’s Clinical Advisor for Elsevier, and as co-editor of Neurology Secrets, Sixth Edition. Dr Kass has received personal compensation for CME lectures from Pri-Med LLC and as a principal investigator for clinical trials for Alzheimer disease from Biogen, Eisai Co Ltd, Eli Lily and Company, National Institutes of Health, Novartis AG, and Roche Diagnostics. Ms Rose serves on the editorial board of BC Advantage and receives book royalties from the American Bar Association.

UNLABELED USE OF PRODUCTS/INVESTIGATIONAL USE DISCLOSURE: Dr Kass and Ms Rose report no disclosures.

© 2020 American Academy of Neurology.