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Physicians in Malpractice Hot Seat; Communication Failures

Posted on Nov 03, 2011

A study published this week in the Journal of the American College of Radiology documented the rising connection between problems in communicating diagnostic information and malpractice claims.

The research was prompted by studies like one, which showed that malpractice payments related to diagnosis between 1996 and 2003 increased about 40%, and researchers were already aware that diagnostic exams were being ordered at a more and more exceptional rate. The new study was released out of the SUNY Downstate Medical Center radiology department in Brooklyn, and identified three variations of communication malfunctions: a long turnaround between ordering a test and receiving results at the lab; delays in reporting findings; and the general failure of doctors or patients to receive the results.

The study used the National Practitioner Data Bank (NPDB) to show that these categories of communication failure accounted for $21.7 million in 1991 malpractice awards and $91 million in 2010 awards. This was shown to be a $4.67 million annual rise on average. Furthermore, the percent of all malpractice awards from communication error rose from 0.93% to 2.31% within the same period. A separate data set from an insurance company showed that from 2004 to 2008, communication failures accounted for 4% of malpractice cases and 7% of payments.

The paper's authors advocated some sort of automation process for making sure examination data is reported as quickly as possible. According to their paper, the system should work to, "improve notification reliability, improve workflow and patient safety, and, when necessary, provide legal documentation."

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Gerry practices law exclusively in the State of New York. Within New York he practices primarily in the following counties: New York, Brooklyn, Queens, Bronx, Staten Island, Nassau and Suffolk. Technically, Brooklyn is known as "Kings County," and Manhattan and New York City are known as "New York County." Staten Island is known as "Richmond County." These counties make up the New York metropolitan area.