Failure to communicate test results is medical malpractice

Failing to communicate test results to a patient is one of the leading causes of a misdiagnosis. Patients have a right to be informed of the results of medical tests, especially abnormal test results, in a timely manner.

Medical test results should also be reported to the physician responsible for a patient’s treatment from the lab or other testing facility in a timely manner. When any test results, but especially abnormal results, are not properly reported, delaying treatment or failing to treat a patient could be the result. The consequences of this type of negligence can be serious and, in some cases, even fatal.

There are two categories of medical tests: screening tests and diagnostic tests. Screening tests are conducted on patients who their physician considers to be at high risk for developing a particular condition or disease. Examples include yearly mammograms for women and PSA screenings for men.

Diagnostic tests are given to patients who are showing signs of a disease or condition. Examples would be a biopsy done on a lump found in a woman’s breast or a cardiac catheterization, if you are exhibiting chest pain, shortness of breath, dizziness, and/or extreme fatigue. 

Medical tests can also be classified as laboratory tests and imaging tests. Lab tests include testing of your blood, other bodily fluids, and tissue samples. Imaging tests include procedures such as x-rays, MRI and CT scans, EEGs, and EKGs.

Who is responsible?

When there is a failure to communicate test results, who could be held liable for such negligence? In this type of medical malpractice case, the referring physician who ordered the test or the provider that was responsible for administering the test — a radiologist or pathologist — could be named as a defendant for failing to communicate test results which subsequently resulted in patient harm. In some cases, the hospital itself can be held responsible as well. 

Some of the reasons for failing to communicate tests results to a patient include:

• No effective test result tracking system
• Breakdown in the chain of command
• Inadequate documentation of the test
• Incomplete documentation of the test
• Forgetfulness on the part of the physician or the office staff
• Growth in the volume of diagnostic testing

Your situation

If you or a loved one was harmed because your doctor failed to communicate test results in a timely manner or notified you of an incorrect result, you may be able to file a medical malpractice lawsuit based on negligence.

Medical malpractice cases are complex and require extensive documentation in order to successfully prove that negligence on the part of your doctor or other provider resulted in harm. You need the services of an attorney for medical mistakes that has expertise in handling medical malpractice cases.