The High Cost of Hanging Up Before Conveying Test Results
The defense put on its case. The radiologist testified that he’d had problems with the voice mail system at the PCP’s office in the past, that he had tried to speak to the operator, that he’d been unable to leave a voice mail, and that finally he decided that faxing the results was the best option.
On cross examination, the radiologist was forced to admit that he hadn’t tried calling a second time, or tried reaching the patient herself, even though he had her contact information.
At the closing argument, the radiologist's attorney argued that even if her client should have tried harder to reach the PCP, his failure did not result in her death. The failure, argued the attorney, was partially the fault of the PCP who should have looked for and checked the results.
The jury disagreed, and after deliberations found for the plaintiff, awarding the patient’s family $1.8 million.
The Takeaway
If the radiologist was unable to get through to the primary care physician, he should have called the patient directly and instructed her to go the emergency department immediately. Yes, it is frustrating to be put on hold or to be unable to even leave a voice mail, but other options existed, and had the radiologist taken the obvious one–calling the patient herself–this tragedy might have been avoided.
Bottom Line— Test results indicating an emergency must be communicated immediately. There is no substitute for direct communication.
Ann W. Latner, JD, is a freelance writer and attorney based in New York. She was formerly the director of periodicals at the American Pharmacists Association and editor of Pharmacy Times.