Hospitals, urgent care centers, and medical clinics are often busy environments. Those who seek medical care are likely to interact with more than one healthcare professional during their visit or stay. With several medical professionals, such as nurses, doctors, and surgeons, overseeing one patient’s care, clear and timely communication is essential to prevent serious complications and other health risks. Not only is effective communication a top priority among a team of medical providers, but direct communication between medical staff and their patients ensures that the patient understands their options and prognosis. Unfortunately, communication failures can happen, sometimes leading to patient injury or deteriorating patient health. While poor communication does not automatically constitute medical malpractice in Washington state, there are circumstances in which medical negligence due to communication failure can subject patients to further injury and harm. In such cases, the patient may be able to file a medical malpractice lawsuit against the negligent party or parties to recover compensation for the unanticipated medical bills, lost wages, and emotional distress stemming from the at-fault party’s failure to uphold the standard of care owed to their patients.
If you or a loved one has suffered injury or harm because of communication failures among medical staff, it’s important to understand your legal rights and options for taking action against these negligent providers. At Menzer Law Group, our team of highly experienced and caring legal advocates is deliberately selective in the cases we choose to represent so that we can channel our resources and efforts on those cases where we believe we can make the most significant and lasting impact. We offer complimentary case evaluations, so we encourage you to get in touch with our Seattle, Washington office at your earliest convenience. Today, we will take a look at some examples of when communication breakdown leads to medical malpractice and the strategies you can use to compile a successful medical malpractice claim in Washington state.
Common Types of Communication Failures in Medical Settings
Any time that two or more medical professionals need to coordinate a patient’s care, there is a potential for miscommunication or misunderstanding. Hospitals and medical clinics typically have strict protocols for documenting patient information, sharing test results among the medical team, and updating one another about any changes in the patient’s condition on a regular basis. However, just because these communication guidelines and practices are in place does not mean that communication failures never happen. Let’s take a look at some of the most common examples of communication breakdowns or failures that can jeopardize patient health outcomes in hospitals, urgent care centers, and medical clinics.
Radiology Report Not Followed Up
Radiologists play critical roles in interpreting test results and communicating these findings to primary care providers and other members of a patient’s healthcare team. When a radiologist fails to highlight an incidental finding or communicate with the ordering doctor about an urgent finding that needs immediate attention, the patient may experience a delay in diagnosis and treatment that can lead to worsening outcomes. For example, a radiologist’s failure to share findings of suspected cancer with the primary care doctor can delay critical care, allowing the cancer to grow and become more difficult to treat. If your doctors failed to communicate test results and you suffered further harm due to this delayed diagnosis, reach out to Menzer Law Group, Seattle’s trusted medical malpractice law firm, to learn more about your legal rights and options.
Specialist Recommendations Not Followed
Medical specialists review test and lab results, patient symptoms, and other findings to determine the best treatment options for the patient. They make treatment recommendations and submit this information to the primary care doctor, who then reviews the report and follows through with the treatment plan. If the primary care physician fails to read or understand the specialist’s report, this can lead to critical delays in patient care and worsening health outcomes for the patient. For instance, if the specialist’s report requests further testing or regular monitoring and the primary care doctor ignores these recommendations, the patient’s condition can deteriorate further.
Misunderstood or Incomplete Reports
Testing results, patient assessments, and other medical records need to accurately document patient information clearly and in enough detail so that each member of the patient’s healthcare team can understand the information and follow through on treatment recommendations. Medical reports that are incomplete, poorly documented, or difficult to interpret can trigger misunderstandings and communication failures. Moreover, these gaps in patient charts and poorly communicated testing results can lead to further patient harm.
Lack of Follow-Up on Critical Results
Test or lab results that indicate serious health risks need to be communicated as quickly as possible to minimize patient harm. For instance, reports indicating the presence of cancer or an impending stroke must be passed along to primary care doctors right away so that these medical professionals can begin treating the patient. Failing to communicate critical results can subject a patient to harm and deteriorating health, which may require additional treatment, a lengthy recovery, and even permanent damage.
When Communication Failures Become Malpractice in Washington State
Every instance of poor communication among medical professionals does not constitute medical malpractice. In order for an incident of failed communication to be considered an act of medical negligence, the patient filing the claim will need to fulfill four key elements, which are listed and explored in some detail below.
Existence of a Doctor-Patient Relationship
First, the claimant needs to show that they were under the care of a medical professional at the time of the injury. In other words, a formal doctor-patient relationship existed, which means that the doctor owed the patient a duty of care. To establish this element of a medical malpractice claim, you can include correspondence from the medical clinic or hospital acknowledging that you were under their care and sought their services for a condition or injury.
The Standard of Care Was Breached
Next, you will need to show that the duty of care owed to you was breached by the medical professional. You can include testimony from healthcare experts who can explain how similarly qualified doctors or medical professionals would have acted under the same set of circumstances and how this specific doctor failed to uphold the standard of care owed to you as their patient. For example, you can show how the primary care doctor’s failure to read or interpret the specialist’s report breached the duty of care owed to you.
The Failure to Uphold the Standard of Care Led to Patient Harm
A successful medical malpractice claim usually comes down to this component: Drawing a direct line between the medical negligence and the harm the patient suffered as a result. Claims alleging medical malpractice due to miscommunication will need to provide clear evidence of how the communication breakdown caused a delayed diagnosis or delayed treatment, which subjected the patient to further injury or harm. For example, you can point to the radiologist’s failure to communicate a cancer diagnosis to you or members of your medical team in a timely manner, delaying your care and allowing the cancer to spread.
You Are Entitled to Recover Damages For the Harm You Endured
The last component of a medical malpractice claim involves the plaintiff showing that they suffered damages due to the provider’s negligence or communication failures. You can point to medical bills stemming from the additional treatment you needed because of the delayed diagnosis and care triggered by the communication breakdown, as well as the lost wages, therapy and medication costs, and other expenses stemming from the medical provider’s failure to uphold the standard of care. You may also be able to recover compensation for the emotional distress you suffered due to these costly oversights on the part of your medical team.
Frequently Asked Questions (FAQs) About Medical Negligence Claims Due to Miscommunication in Washington State
Who can be held responsible for medical malpractice?
Individual physicians and healthcare professionals, multiple providers, and hospitals or medical clinics with poor protocols can be named in medical malpractice claims.
Can multiple doctors be liable in one malpractice case?
Yes, especially if the combined actions or oversights of several healthcare providers contributed to your injury.
What if a doctor never received important test results?
You can determine where the communication breakdown occurred and take action against the negligent party. For instance, you can file a claim against a radiologist for failing to communicate urgent test results to your primary care physician or other members of your medical care team.
How are communication errors proven in court?
You can use medical records, handoff notes, and witness testimonies from medical experts to show that the communication breakdown constitutes a breach of the standard of care owed to you as the patient.
Learn More About Medical Negligence Claims Today
Medical professionals need to communicate clearly with one another to coordinate patient care. If you or a loved one has suffered injuries or a worsening health condition due to a communication breakdown among healthcare workers, you may be able to file a medical malpractice lawsuit to recover the compensation you need to support the costs of your recovery. At Menzer Law Group, our team of highly qualified and dedicated legal advocates is intentionally selective in the cases we choose to take on so that we can focus our efforts on those cases where we believe we can make the most profound and lasting impact. Please reach out to our Seattle, Washington office today by calling (206) 903-1818 to arrange a complimentary review of your claim.
