When you visit a healthcare provider, you trust that they will keep you informed about your health. Unfortunately, that trust can be broken when lab or test results are not communicated, leading to missed diagnoses, delayed treatments, or even serious injuries.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected of them, and that failure causes harm to a patient. The “standard of care” refers to the level of care a reasonably competent medical professional would provide under similar circumstances.
What Happens When Test Results Aren’t Shared?
Failure to communicate test results can have devastating consequences. For instance, imagine undergoing a mammogram that detects an aggressive but treatable form of breast cancer. If your doctor fails to inform you of those results, critical time for early intervention can be lost, potentially allowing the cancer to spread.
Sadly, this type of failure is more common than many realize. According to the American College of Radiology, approximately 10% of radiology reports recommend follow-up exams, but around half are never performed. A major reason for this is that patients aren’t informed of these results in a timely fashion. When patients are left in the dark, their ability to make informed decisions about their health is compromised.
When Does Failure to Communicate Constitute Malpractice?
Not every failure to communicate lab results qualifies as malpractice. However, it may be considered malpractice if:
- The provider owed you a duty of care: This means there was a recognized patient-provider relationship, obligating the provider to act in your best interest.
- The provider failed to meet the standard of care: This involves not adhering to the level of competence and diligence expected of similarly qualified professionals in comparable circumstances.
- This failure caused you harm: There must be a direct link between the provider’s failure to communicate the results and a negative impact on your health or well-being.
- You suffered damages as a result: This could include physical injury, financial losses, emotional distress, or other measurable harm arising from the provider’s actions or inaction.
For example, if test results were withheld but you experienced no harm, you likely would not have a malpractice claim. But if the lack of communication led to a delayed diagnosis or worsened condition, you might have grounds for legal action.
Types of Test Results Often Overlooked
Failures to communicate can involve many types of tests, including:
- Blood work
- X-rays, CT scans, or MRIs
- Mammograms
- Biopsy results
Sometimes the breakdown occurs between the testing facility and your doctor, or your doctor might fail to share the results with you. Either way, the consequences can be severe.
What Should You Do if You’re Affected?
If you suspect your test results were not communicated in a timely manner and this caused harm, take these steps:
- Request your results directly from your healthcare provider.
- Document your symptoms and any delays in your diagnosis or treatment.
- Contact an experienced medical malpractice attorney to assess your situation.
If you or a loved one has been harmed due to a failure to communicate test results, you deserve answers—and compensation. SUGARMAN attorneys have decades of experience handling complex medical malpractice cases. If you would like to consult with one of our attorneys, call 617-542-1000 email , or fill out our contact form.