will failure to communicate and report lead to legal action from patient

In many of these reporting roles, physicians are acting on behalf of third parties or the public in general. Some of the reports, however, serve the patient directly, and the failure to report may lead to legal action brought on behalf of the patients who allege harm.

Full Answer

Can a hospital be held liable for negligent failure to communicate results?

Depending on the case, it may also be possible to hold the hospital itself, responsible for patient harm due to negligent failure to communicate the results of medical testing.

What happens if you fail to communicate changes in patient’s condition?

Failing to communicate a change in a patient’s condition is just one scenario that can result in a gap in care that could potentially cause irreparable damage or even death in a medical setting. As one patient is treated for a single ailment, the responsibility for that person’s care is shared by several people.

What are the legal risks of ineffective communication between doctor and patient?

The legal risks of ineffective communication between doctor and patient may vary, but in most of these situations the physician could have avoided legal risk through the use of a trained, professional interpreter.

What happens if you fail to report a patient’s abuse?

Some of the reports, however, serve the patient directly, and the failure to report may lead to legal action brought on behalf of the patients who allege harm.

What can be the result of failure to obtain informed consent?

When a doctor or another medical professional fails to disclose the risks of treatment, they take away a patient's right to make an informed decision. If you or someone close to you suffered harm because of a failure to obtain informed consent, you may be able to file a claim against the at-fault party.

Can you sue a hospital for lack of communication?

Malpractice Suits A physician who cannot communicate with a patient due to a language barrier may deliver delayed, incorrect, or improper medical care, potentially leading to a costly, time-consuming medical malpractice lawsuit.

What is it called when a healthcare professional fails to perform a legal duty?

Medical malpractice occurs when a health care professional or provider neglects to provide appropriate treatment, omits to take an appropriate action, or gives substandard treatment that causes harm, injury, or death to a patient. The malpractice or negligence normally involves a medical error.

What factors lead to medical malpractice claims?

The top five reasons for malpractice suits were:Failure to diagnose a patient's medical condition. ... A patient injury during treatment, often resulting in disability or death. ... Failure to treat a patient's condition. ... Poor documentation. ... Medication errors.

What is the most common cause of malpractice suits against physicians?

misdiagnosisOne of the most common reasons for filing a medical malpractice lawsuit is diagnostic errors such as misdiagnosis and delayed diagnosis.

What percentage of medical malpractice lawsuits are due to flawed communication?

30%CRICO Strategies looked at 23,000 medical malpractice lawsuits filed between 2009 and 2013 and found that communication failures were a contributing factor in 7,149 of those cases, amounting to 30% of the total.

Is when an individual fails to perform a legal duty?

Act of Omission: when an individual fails to perform a legal duty.

What are the 4 types of negligence in healthcare?

These elements, the “4 Ds” of medical negligence, are (1) duty, (2) deviation from the standard of care, (3) damages, and (4) direct cause. If you suffered serious injuries due to a doctor or other healthcare professional's negligence, you could be entitled to compensation for your losses.

What are the possible legal consequences of negligence and malpractice?

Damages may include medical expenses, physical pain and suffering, emotional distress, lost wages, decreases in earning potential, punitive damages, as well as compensation for partial or complete impairment, disfigurement, and death.

What kind of mistakes can result in medical malpractice?

Misdiagnosis or Delayed Diagnosis. Misdiagnosis and delayed diagnosis account for a large percentage of medical malpractice claims. ... Medication Errors. Medication errors harm thousands of people in the United States every year. ... Childbirth Injuries. ... Surgical Mistakes. ... Anesthesia Errors. ... Talk to a Medical Malpractice Lawyer.

How communication prevents lawsuits in medicine?

By employing a communication style that consists of adamant follow-ups, thorough explanations, and making sure your patients feel heard, you will reduce your likelihood of a medical malpractice lawsuit and provide a healthier, happier experience for everyone involved.

What is the most common lawsuit in healthcare?

What Are the Most Common Medical Malpractice Claims?Misdiagnosis or delayed diagnosis.Failure to treat.Prescription drug errors.Surgical or procedural errors.Childbirth injuries.

In a Medical Setting, there are Several Opportunities for a Communication Breakdown

In a field that has become increasingly complex, effective communication is proving to be a big challenge for healthcare providers. As illustrated in this U.S. News and World Report article, communication problems are common in medical facilities.

The Enormous Consequences of Miscommunication

The U.S. News and World Report article also discusses the “hand-off,” a process in which a patient goes from being under the care of one professional and into the care of another. The hand-off can introduce yet another margin of error in the form of missed or misinterpreted information.

Examples of Communication Problems and Patient Injury

The nursing department has difficulty communicating to the pharmacists that in the middle of a cardiac arrest, the nurses on the unit are too busy to run to the pharmacy to retrieve a drug needed to resuscitate a patient. There is a delay in retrieving a critical drug.

Nursing Responsibilities for Communication

As you assist attorneys with medical or nursing malpractice cases, consider these responsibilities. The nurse is responsible for:

Nurse Manager responsibilities for Communication

Nurse managers have deeper responsibilities for communication including

LNC Responsibilities for Communication

Assisting the attorney to understand the unique aspects of communication within a healthcare facility or team.

Why do doctors not disclose test results?

A doctor might fail to disclose test results for several reasons. For one, they may simply forget to tell the patient about the test results. More often, test results can be lost or confused along the chain of communication in a hospital . Test results are often relayed between several different people, such as from a nurse to ...

What happens if a doctor fails to disclose results of a medical exam?

If your doctor has failed to disclose the results of your medical exam, you may be entitled to legal relief. You should contact a personal injury lawyer as soon as possible while the events are still fresh in your recollection. An attorney can help specify your course of action if you have been injured as a result of your doctor’s errors.

Why is it important to keep medical records?

These records and receipts may be useful in reminding yourself and others what tests have been performed on you and what test results you are currently entitled to receiving.

Can you file a medical malpractice lawsuit?

Additionally , you may be able to file a medical malpractice lawsuit if your injury is particularly serious. You will have to prove in court that you received actual injuries as a result of the doctor’s failure to communicate test results. Also, you will need to prove that the failure to communicate test results is directly traceable to your doctor.

Do you have to know the results of a medical exam?

As the patient, you are entitled to know the results of your medical exams. All medical professionals are held to a high standard of medical care, and that standard of care includes informing the patient of the outcome of any medical test or examination, such as a colonoscopy or a mammogram, that is performed on them. Your doctor should also inform you of the purpose of the medical exam, and also of any dangers or side effects that might result from the exam.

Why is misdiagnosis important?

Among the leading causes of medical misdiagnosis is a failure to communicate diagnostic test results. Communication of a diagnosis is arguably as important as the diagnosis itself. Patients deserve to know the results of the medical tests they receive in a timely manner. Test results should also be communicated from the lab or testing facility to the medical providers responsible for the patient’s treatment.

What happens if you report cancer test results too late?

For instance, if test results that reveal cancer are communicated too late and the patient has to then undergo intensive treatment because of the advanced stage of illness, the patient may be able to show that unnecessary harm was caused by the negligent delay in reporting the test results.

What percentage of medical malpractice cases are communication problems?

Research indicates that communication problems are a factor in up to 80 percent of medical malpractice cases. One study concluded that physicians did not acknowledge 36 percent of abnormal radiologic results. Another study found that 17-32 percent of physicians reported having no reliable method for ensuring that test results are received. ...

How many physicians do not notify patients of abnormal test results?

The same study also reported that one-third of physicians do not always notify patients of abnormal test results.

What is screening test?

Screening tests, on the other hand, are performed on patients who are considered to be at risk of developing a disease or condition – for example, routine mammograms for women and PSA screenings for men. Medical testing can also be categorized as laboratory tests and imaging tests.

What is medical testing?

Medical testing can also be categorized as laboratory tests and imaging tests. The former includes testing of blood and other body fluids as well as tissue samples, while the latter includes tests such as X-ray, MRI, CT, and EKG.

What are the causes of communication problems?

Three scenarios, however, were identified as the leading causes of communication problems: Failure to notify the patient of the test result. Telling the patient an incorrect test result. Failure to notify the referring clinician.

What is the liability of a physician for failing to report child abuse?

The liability that a physician may have for failing to diagnose and report suspected child abuse depends on the physician's practice location. Most states provide criminal sanctions without providing patients an opportunity to recover damages. Some states, such as New York [5] and Colorado [6], expressly allow recovery for a willful and knowing failure to report (which raises the question of what constitutes "willful and knowing"). Other states, as Becker illustrates, do not allow recovery of damages under a statute, but permit the statute to be used as evidence in a negligence lawsuit of what the physician should have done.

What happens if a plaintiff proves that the defendants violated the mandatory abuse reporting statute?

If a California plaintiff can prove at trial that the defendants in the case violated any state statute-such as the mandatory abuse reporting statute-and that the violation caused injury, the plaintiff has established a basis for civil liability.

What was the case in Landeros v. Flood?

Flood, the California Supreme Court was faced with the question of whether a physician could be held liable for failing to diagnose battered child syndrome (BCS) and reporting the diagnosis to law enforcement authorities. An 11-month-old child was taken to the hospital and examined by the defendant physician, Dr. Flood [1]. Baby Landeros had a fracture in her leg that appeared to be have been caused by a twisting force, bruises covering her back, and a fracture of the skull (that was undiagnosed by Dr. Flood). The infant's mother had no explanation for the injuries. Baby Landeros exhibited other symptoms of BCS: in addition to the injuries, she became fearful and apprehensive when approached by Flood.

Why did the Becker trial court not allow the child abuse reporting statute to be introduced?

Because the child abuse reporting statute had no provision for civil penalties, the Becker trial court did not allow that statute to be introduced. The Minnesota Supreme Court likewise determined that there was no statutory duty owed by the hospital to Nykkole for which she could recover directly under the statute.

What are the exceptions to preserving patient confidentiality?

There are many legal exceptions to preserving patient confidentiality-statutory and court-made. Physicians are required by law to report communicable diseases, to impose quarantine or isolation, and to report suspected violent acts such as gunshot wounds. Mandating that physicians breach confidentiality forces them to act as agents of the state, ...

What is a physician reporting role?

In many of these reporting roles, physicians are acting on behalf of third parties or the public in general. Some of the reports, however, serve the patient directly, and the failure to report may lead to legal action brought on behalf of the patients who allege harm. Indirectly mandatory child abuse reporting laws serve ...

What does it mean to prove that a physician did not meet the standard of care?

Proving only that the physician's treatment did not meet the standard of care is insufficient; a plaintiff must prove further that the failure to provide standard care caused the injuries received after the original examination.

What is malpractice standard of care?

The malpractice standard of care requires an effort to contact patients about abnormal test results that is proportionate to the harm that might occur without proper follow up. Two steps that could reduce the harm from failure to contact patients about abnormal test results are engaging patients in following up on pending tests ...

What to do if a patient cannot be reached?

Health care organizations can do the same. If the patient cannot be reached by the available contact information, try other means including online sources as warranted by the clinical importance of contacting the patient. Assess how reliably individual patients are likely to be contacted and customize your approach.

What is comparative negligence?

Most states use the doctrine of comparative negligence, which asks the jury to determine the percentage of the harm that is attributable to the patient's own negligence. The award is then reduced by that percentage.

Why should medical records be documented?

Whatever is done should be documented in the medical record for the usual reasons: to communicate to others what has been done and to provide written or electronic documentation in case the failure to contact becomes the subject of a lawsuit.

Did the ultrasound technician notice the abnormal test result?

The ultrasound technician did not notice the abnormal test result or the fact that the chlamydia infection had not been treated. The following day, a different OB/GYN clinic nurse tried to call the patient with the ultrasound results, and again no one answered the phone.

What are the causes of legal malpractice?

Failure to communicate – the most common cause of legal malpractice suits and complaints 1 Too busy 2 Case not going well 3 Difficult client 4 Delays from other side 5 And so on

Can an attorney fail to communicate with clients?

There is absolutely no excuse for an attorney to fail to communicate with his clients. If such lawyers put themselves in the shoes of their clients, they would realize that these folks are anxious, concerned about being involved in the legal system, worried about money, or going to prison, stressed out about the entire situation. Then, to have the person they hired to protect them simply refuse to respond when they call, well, that is, frankly, disgraceful behavior.

Is it unethical to not respond to a client?

Lawyers are in the communication business. Failing to respond to the client is not only unethical, it is likely to lead to ethics complaints. I imagine responding to an ethics complaint takes a lot longer than making a quick phone call.

What happens if you don't communicate important information?

Failing to communicate a change in a patient’s condition is just one scenario that can result in a gap in care that could potentially cause irreparable damage or even death in a medical setting.

Why did a 28 year old woman come to the hospital?

In the cited case, a 28 year old woman came into the hospital because she was in labor and about to have her first child. There had been no problems with the pregnancy, and her labor began just a week before her due date.

What is the number one factor in unexpected serious injury and/or death?

The Joint Commission in the U.S.A. reported the breakdown in communication was the number one factor in unexpected serious injury and/or death. In Australia, a study was done tracking issues with transferring patients between health care providers.

Can a nurse practitioner be named in a malpractice suit?

Nurses and mid-level professional, such as Physicians Assistants and Nurse Practitioners are highly involved in a patient’s care, but their ability to follow directions, and to only treat patients to the extent that they are licensed to do so makes them vulnerable to being named in a medical malpractice suit.

Did the OBgyn deliver a baby?

The OBGYN delivered the baby, and there were no obvious adverse effects to the mother. Still, the doctor left instructions that accounted for possible red flags, and asked that he be notified if these became apparent. He especially stressed that he should be contacted if her oxygen levels dropped below 95%.

Malpractice Suits

Lack of Informed Consent

• In addition to lawsuits for improper care, physicians may be legally vulnerable if inability to communicate prevents them from obtaining adequate informed consent. Quintero v. Encarnacionis an illustration of this very problem . Rita Quintero was found on the streets of a Kansas town. She was dressed oddly, hadn't bathed recently, and was unable to...

See more on journalofethics.ama-assn.org

Breach of The Duty to Warn

Breach of Patient's Privacy Rights