Relias Media - Continuing Medical Education Publishing

The trusted source for

healthcare information and

CONTINUING EDUCATION.

  • Sign In
  • Sign Out
  • MyAHC
    • Home
      • Home
      • Newsletters
      • Blogs
      • Archives
      • CME/CE Map
      • Shop
    • Emergency
      • All Products
      • Publications
      • Study Guides
      • Webinars
      • Group Sales
    • Hospital
      • All Products
      • Publications
      • Study Guides
      • Webinars
      • Group Sales
    • Clinical
      • All Products
      • Publications
      • Study Guides
      • Webinars
      • Group Sales
    • All Access
      • Subscribe Now
      • My Subscription
    • My Account
      • My Subscriptions
      • My Content
      • My Orders
      • My CME/CE
      • My Transcript
    Home » Suit alleged failure to follow up on result

    Suit alleged failure to follow up on result

    August 1, 2013
    No Comments
    Reprints
    Facebook Twitter Linkedin Share Share

    Related Articles

    Legal Review & Commentary: Alleged Failure to Perform Adequate Follow-Up Care and Investigate Cause of Pain Leads to $500,000 Settlement

    Physician Legal Review & Commentary: Failure to order follow up on recommendations from radiologist leads to $150,000 award

    LRC: Failure to follow up on coronary artery perforation results in $5.68 million verdict from jury

    Suit alleged failure to follow up on result

    These types of cases are 'extremely difficult to defend'

    After a hospitalized patient was discharged, an abnormal lab result was sent to her primary care provider. That provider apparently filed the lab result in the patient's chart without recognizing the abnormality. The patient later died from a condition related to the abnormal lab result, and the family sued for malpractice.

    "The case went to trial with a laundry list of defendants, including treating physicians, the hospital, and the lab which ran the results. The lab won summary judgment, and two physicians had awards against them," reports W. Ann Maggiore, JD, an attorney at Butt Thornton & Baehr in Albuquerque, NM.

    In another malpractice case, a diagnosis of a coagulopathy required two tests, the first of which was ordered by a fellow working in the practice who left when he finished his rotation. The patient received the first test, but when she received the second lab slip in the mail, she thought it was for the test she already had obtained. The practice didn't follow up, and the patient never got the second test.

    "The coagulopathy wasn't discovered until much later," says Maggiore. "A lawsuit resulted, and the jury returned a verdict against the doctor who owned the practice, even though she had never even seen the patient. The primary care doctor was also found liable." The physician had written a letter to the patient's primary care physician saying her office would follow up as needed, but no follow-up occurred, she explains.

    Cases alleging a failure to follow up on an abnormal test result are "extremely difficult to defend," says Maggiore. "Patients seen by multiple providers are at high risk for having a test result fall through the cracks due to poor communication between providers." To reduce risks, Maggiore recommends these practices:

    • Avoid telling patients, "We will only call you if something is abnormal."
    • Instead, physicians should tell patients that if they don't receive a call, they should call the office to obtain the test result.
    • Have a system in place for tracking ordered tests and incoming test results to ensure these are acted on, and that patients are informed.
    • This system can be as simple as a notebook in which the doctor writes the date, patient's name, and tests ordered, with a place to document when the test result comes in.
    • Make referrals in writing and request copies of all test results.
    • "Doctors who appear clueless about the care their patients are receiving from other providers don't fare well in depositions," she says.

    Post a comment to this article

    Report Abusive Comment

    Physician Risk Management

    View PDF
    Physician Risk Management 2013-08-01
    August 1, 2013

    Table Of Contents

    A growing number of lawsuits involve poor communication — multiple MDs involved

    MD got dismissed due to this documentation

    Suit alleged failure to follow up on result

    Radiology misreads are tough to defend

    When a radiology finding is missed, make case defensible

    Patient can't hear you? Legal risks abound

    Residents make more errors when they work shorter shifts

    Will med/mal suit be filed? Here's how attorneys decide

    Consent refused? Take appropriate action

    Physician Legal Review & Commentary: 16-year-old male awarded $450,000 for failure to diagnose appendicitis 6 days later, primary care doctor finds infection

    Physician Legal Review & Commentary: Case involved controversial procedure: manipulation under anesthesia

    Shop Now: Search Products

    • Subscription Publications
    • Books & Study Guides
    • Webinars
    • Group & Site
      Licenses
    • State CME/CE
      Requirements

    Webinars And Events

    View All Events
    • Home
      • Home
      • Newsletters
      • Blogs
      • Archives
      • CME/CE Map
      • Shop
    • Emergency
      • All Products
      • Publications
      • Study Guides
      • Webinars
      • Group Sales
    • Hospital
      • All Products
      • Publications
      • Study Guides
      • Webinars
      • Group Sales
    • Clinical
      • All Products
      • Publications
      • Study Guides
      • Webinars
      • Group Sales
    • All Access
      • Subscribe Now
      • My Subscription
    • My Account
      • My Subscriptions
      • My Content
      • My Orders
      • My CME/CE
      • My Transcript
    • Help
    • Search
    • About Us
    • Sign In
    • Register
    Relias Media - Continuing Medical Education Publishing

    The trusted source for

    healthcare information and

    CONTINUING EDUCATION.

    Customer Service

    customerservice@reliasmedia.com

    U.S. and Canada: 1-800-688-2421

    International +1-404-262-5476

    Accounts Receivable

    1-800-370-9210
    ReliasMedia_AR@reliasmedia.com

    Mailing Address

    • 1010 Sync St., Suite 100
      Morrisville, NC 27560-5468
      USA

    © 2021 Relias. All rights reserved.

    Do Not Sell My Personal Information  Privacy Policy  Terms of Use  Contact Us  Reprints  Group Sales

    For DSR inquiries or complaints, please reach out to Wes Vaux, Data Privacy Officer, DPO@relias.com

    Design, CMS, Hosting & Web Development :: ePublishing