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Since 1976, Steve Levin has been dedicated to helping people injured by others’ negligence. He is one of the first attorneys in the U.S. to prosecute nursing homes for abuse and negligence. He’s also helped write new legislation that governs the operation of nursing homes, including the Illinois Nursing Home Care Act. Moreover, Levin & Perconti has obtained the top three jury verdicts in nursing home negligence cases in Illinois.
Read Bio
Since 1976, Steve Levin has been dedicated to helping people injured by others’ negligence. He is one of the first attorneys in the U.S. to prosecute nursing homes for abuse and negligence. He’s also helped write new legislation that governs the operation of nursing homes, including the Illinois Nursing Home Care Act. Moreover, Levin & Perconti has obtained the top three jury verdicts in nursing home negligence cases in Illinois.
When your doctor orders tests, it’s natural to feel nervous about what they’ll show—and to relax when you don’t hear about them, assuming the results were insignificant. Learning that you were never told about abnormal test results can come as a shock, especially if you were diagnosed with a condition that potentially could have been caught earlier.
Failing to properly communicate or follow up on test results can lead to a missed or delayed diagnosis, opening your healthcare provider to a medical malpractice claim.
What Are Normal Responses to Receiving a Patient’s Test Result?
The appropriate course of action after receiving a test result depends on the type of test, the results, the patient’s symptoms and condition, and other factors. Some of the ways a responsible healthcare provider can respond to a test result include:
- Notifying the patient of the result, if it does not require further follow-up
- Reviewing the result with the patient or other providers to discuss next steps
- Ordering additional testing to rule out certain conditions or confirm a suspected diagnosis
- Adjusting the patient’s existing treatments in response to the result
- Monitoring the patient’s symptoms to determine if further testing is necessary
Dropping a test result into a patient portal without further discussion would not be considered a reasonable follow-up in many circumstances, especially if it suggests a potentially serious medical problem. The patient may lose their opportunity to express concerns or participate in the direction of their care.
Can You Sue for Failure to Follow Up on Test Results?
When failing to properly follow up on test results crosses the line into medical malpractice, you can file a lawsuit against the responsible healthcare providers. The requirements for establishing medical malpractice are:
- Duty of care: The healthcare provider had a legal responsibility to properly care for you, as their patient.
- Breach of duty: By not handling test results responsibly, the healthcare provider failed to uphold the accepted “standard of care” and violated their duty to you.
- Causation: The provider’s failure to follow up on the test result caused or contributed to additional harm, such as a worsening condition or a worse treatment outcome.
- Damages: You suffered actual harm because of the provider’s negligence, such as additional medical expenses, lost income, or pain and suffering.
A provider failing to communicate or respond to a test result isn’t necessarily malpractice by default. You’ll have to prove that a reasonably careful professional in the provider’s position would’ve acted differently and that the provider’s failure caused or contributed to additional harm.
Who Can Be Held Liable for Mishandled Test Results?
Any healthcare provider responsible for handling your test results can be liable for malpractice if they failed to take reasonable action in response to them, including:
- Doctors
- Specialists
- Nurses
- Assistants
- Lab technicians
- Hospitals, clinics, and laboratories
However, liability can be murky when multiple providers are involved. An attorney can help you evaluate who was involved in ordering, receiving, reviewing, communicating, or responding to your test results, and determine which parties failed to act within their professional standard of care.
What Should You Do if Your Test Results Were Never Followed Up On?
If you learn that your test results were potentially mishandled and you believe you were harmed as a result, it’s important to start building a case immediately. You generally have two years from the time you knew or reasonably should have known that you were injured and that your injury was wrongfully caused to file a malpractice lawsuit under Illinois law. These lawsuits generally must also be filed no later than four years after the act or omission that caused the injury. Exceptions may apply, including for minors, so an attorney can help determine your deadline.
Some steps you should take include:
- Get examined: Find an independent medical professional and seek treatment for your condition to prevent further harm.
- Preserve evidence: Save any relevant medical records from your healthcare providers, including the test results, written messages, and doctors’ notes.
- Create a record: Take thorough notes on the timeline of the situation, including when the test was ordered, when it became available, and when you actually found out about it.
- Talk to a lawyer: An experienced medical malpractice attorney can review your situation, determine if you were harmed by a delayed diagnosis or failure to diagnose, and help you hold negligent healthcare providers accountable.
How Can Levin & Perconti Help You Prove a Failure to Follow Up on Test Results?
Knowing that your doctor didn’t tell you about an important test result is one thing. Figuring out how to prove your doctor’s actions were negligent and harmful is another. The trusted medical malpractice team at Levin & Perconti can help you build a strong case, directly connecting the injuries you’ve suffered to the provider’s failure to follow up on your test results.
With over 400 years of combined legal experience, our attorneys know how to find the answers you need and get the justice you deserve. Healthcare systems and insurance companies know we won’t accept anything less than what you’re owed, and that we’re not afraid of going to trial to get it. Reach out to us today to discuss your case and learn more about how we can help.
Frequently Asked Questions
Can You Sue a Doctor for Not Giving You Test Results?
You may be eligible for a medical malpractice lawsuit if you can prove that your doctor’s failure to provide your test results injured you or led to a worse treatment outcome.
Do Doctors Have to Tell You About Abnormal Test Results?
Doctors have a duty to responsibly care for you as their patient. An “abnormal” test result may not require additional testing or treatment, but the doctor must still communicate results as required by the accepted standard of care. Failing to share or follow up on a result indicating a serious condition could leave them open to medical malpractice claims for a missed or delayed diagnosis if that failure violates the standard of care and causes additional harm.
Let Our Trusted Team Get the Justice You Deserve
If you’ve been injured because of a doctor’s failure to follow up on test results, Levin & Perconti is ready to fight to protect your rights. Contact us online or call (312) 332-2872 today to schedule your free consultation.
