by “Dr. J.D.”
Allegations of communication failure account for a progressively increasing proportion of malpractice claims.
This is partially the result of the fact that more diagnostic studies and examinations are being performed and expectations of timeliness in reporting have increased with improved technology, but in the day-to-day working reality of consulting physicians communication usually fails for same simple reasons that it has in the past – difficulty in reaching the target recipient, distraction by other work and, frankly, annoyance that leads to giving up too soon
All of these will, of course, be exacerbated in an environment of increased volume and shorter turn-around times. It is therefore necessary to have a systematic approach to turn to.
Let’s therefore look at some of the essential principles involved in the communication of critical findings and some reasonable protections against falling into liability.
1. Duty
Although radiologists and pathologists are the physicians most likely to come across an unexpected finding and to have to communicate it to an absent referrer, the responsibility to communicate appropriately applies to all consultants.
It is a black letter piece of carved-in-stone law – as well as an absolute of medical ethics – that a consultant physician’s duty to communicate a critical finding is not satisfied merely by creating and signing a report or a chart note.
It is not satisfied until that information is in the hands of someone who can act on it definitively enough to relieve that physician of his or her obligation to communicate it.
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