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Communication failure — especially failure to communicate critical findings in a timely manner — can cause patient injury due to treatment delay, delayed diagnosis or misdiagnosis, or lack of follow-up, and is a frequent allegation in malpractice lawsuits. Especially in primary care practices, expedited follow-up on critical or significantly abnormal test results is a major aspect of liability risk management and patient safety.

A list of urgent diagnoses and significant, unexpected diagnoses is an important aspect of diagnoses reporting policy. However, there is considerable disagreement about which diagnoses should be included in those lists.¹ The most relevant guideline, the “Consensus Statement on Effective Communication…” from CAP/ADASP,* does not define either urgent diagnosis or significant, unexpected diagnosis. Instead, it recommends that pathology departments develop their own lists of urgent diagnoses and provide examples of significant, unexpected diagnoses.²

The final report is the definitive record of an imaging examination. Depending on the criticality of a finding, the radiologist may be required to directly contact the ordering physician prior to the report’s delivery. Different levels of urgency may require different methods of communication.¹

Facing a lawsuit can be an upsetting and often intimidating process. Coming from the medical environment, you may not have exposure to the complexities of the legal system, and you may have questions about how it works. Added to that, you may also be dealing with emotions ranging from confusion to anger. To help you prepare for what’s to come, NORCAL Group offers this Anatomy of a Medical Malpractice Case to provide an overview of the general litigation process as well as recommendations to help you through it.

Running a medical practice involves making business decisions that can increase the risk of adverse patient outcomes, professional liability, and regulatory violations. Yet, the skills and training that support conscientious, excellent medical care do not always facilitate skilled business decision-making.^1,2