Medical Malpractice Claims for Diagnostic Physicians Risk Increasing for Communication Failures

Test communication failures for diagnostic testing are placing doctors at an increased risk of medical malpractice claims, as stated in an article selected as the "CME Activity of the Month" in the most recent edition of Journal of the American College of Radiology (JACR). Diagnostic physicians, who rely on diagnostic tests, need to inform referring clinicians when test results produce urgent or unexpected findings.

Brian D. Gale, MD, MBA, assistant professor of radiology at SUNY Downstate Medical Center in Brooklyn explains during the past decade, clinicians have dramatically increased their orders for diagnostic examinations. During the period between 1996 and 2003, there has been an increase by approximately 40% for malpractice payments related to diagnosis.

National Practitioner Data Bank data during the period of 1991 to 2009 showed communication failure awards were responsible for an increasing proportion of total United States malpractice awards for providers. The total indemnity payout for all medical specialties claims dramatically rose from $21.7 million in 1991 to an alarming $91 million in 2010 (the proportion jumped from .93% in 1991 to 2.31% in 2009). This averages out to a $4.67 million increase annually. Factors that contributed to the communication failures included delays in reporting findings, long turnaround time, and failure of the doctors and patients to receive the results.

There is an opportunity for improvement. Dr. Gale suggests that using semi-automated critical test result management systems may help to improve the patient safety and work flow, improve the notification reliability for everyone in the loop, and provide legal documentation. Dr. Gale suggests healthcare organizations need to have a clear set of policies in place to address reportable test results, to make sure referring providers and patients are notified promptly and followed up with.