You see a doctor for an examination or to address a concern. You get bloodwork or a scan. “We will call with your results,” the staff says. Days or weeks go by. No one calls. The test came back abnormal, but you didn’t find out until much later. The condition has progressed and, in some cases, cannot be reversed. This is not the worst-case scenario, but it is, unfortunately, all too common. When it happens to a family member, they need answers. Far too often, families across West Virginia are forced to turn to a medical malpractice lawyer because of a missed or delayed test result.

Below, we will discuss how these mistakes happen, why it is an especially big problem in West Virginia, what you can do to protect yourself, and how a lawyer will investigate your case.

How Do Test Results Go Unnoticed or Unreported?

Cases involving missed test results often involve several layers of mistakes that, although relatively minor on their own, can add up to serious problems. Here are seven of the most common ways results fall through the cracks:

1. Lack of ownership of the process. The lab or imaging center sends a result to the patient’s chart, but no one is in charge of what happens next. The provider who ordered the test assumes the nurse will make the call. The nurse thinks the doctor will. The process is never completed.
2. Inbox overload. Doctors receive dozens of electronic messages every day. Alerts can be buried under a mountain of updates.
3. Shift changes and weekend coverage. A result comes in on Friday night, but the on-call provider is not aware of it. The patient is called on Monday, when it is too late.
4. Old or incorrect contact information. The office calls a disconnected number or leaves one voicemail and gives up. The patient is never notified.
5. “Normal” vs. “critical” results. Certain results are tagged as “abnormal” but not “critical.” Staff members delay the patient notification, not understanding that the patient needs attention now.
6. Referral information not returned to the ordering provider. A patient gets a test from their primary doctor, who then refers the patient to a specialist. The specialist assumes the primary doctor will deliver the result to the patient. The primary doctor assumes the specialist will.  
7. Patient discharged with results pending. The patient goes home from the ER or hospital before tests are complete. Results come back after discharge, but no one is assigned to notify the patient or their doctor.

Each of these can be addressed with a reliable system in place. A person should be responsible for opening the result, calling the patient, and following up within a certain time. If the patient cannot be reached, then a second person must be responsible for following up with the patient and sending an alert to the provider.

Common Tests That Are Missed

Tests that require timely follow-up are not always abnormal or critical results. Some can be within normal range but still time-sensitive.

• Imaging (X-rays, CTs, MRIs): A missed stroke, blood clot, or tumor finding allows the disease to progress.
• Lab tests: Abnormal potassium levels, low sodium levels, and high white blood cell counts are emergencies.
• Pathology: A biopsy result comes back strongly suggestive of cancer, but the patient is never notified for weeks or months.
• Cardiac tests: Abnormal EKG or troponin levels indicative of heart failure or heart attack require a rapid response.
• Waiting too long can drastically narrow treatment options. A condition that was fixable on Monday may become untreatable by Friday.

What Patients and Family Members Can Do

While you may not be able to fix a medical practice’s internal problems, you can take steps to lower your risk of being a victim.

• Write down what tests you get. After an exam or procedure, write down each test administered, when it was given, and who ordered it.
• Ask when you will get results. On the way out the door, ask the staff when your results will be ready and who will call with the results.
• Check the portal—but do not wait on it. Your healthcare provider should have a patient portal or some way to send you information online. Check the portal. But if you don’t see the result by the stated time, call.
• Confirm your contact information is correct. Ensure the office has your current phone number and a backup contact number.
• Follow up, even if you have to do it twice. If you think a result may have been missed, call the office and say something like, “I’m concerned I may have missed my results. Please check for me today.”
• Get a copy. Request printed or electronic copies of your results and keep them in a folder.
• Bring an advocate. A family member or friend can take notes, confirm details, and ensure the office is aware that they need to follow up with you.

Simple steps like these may not be 100% effective, but they will help save lives.

Steps That West Virginia Malpractice Lawyers Take on Your Behalf

Your attorney will not just review the medical chart and make assumptions. A skilled legal team will take the following steps to reconstruct the timeline and identify all responsible parties:

• Request electronic audit logs that show who opened the result, when, and for how long
• Request inbox and task records for alerts and result assignments
• Request call logs, notes, and voicemail messages
• Review the clinic or hospital policies, including training on critical values notification
• Request handoff notes that show what was reported at shift changes and over weekends
• Request discharge papers to identify who was responsible for pending results
• Provide medical experts (doctors and nurses) to review whether the standard of care was violated and whether the delay caused harm

With a thorough investigation, a lawyer will not only find all responsible parties (clinic, hospital, laboratory, imaging center, etc.) but also know the proper legal claims to file.

Work with a Knowledgeable West Virginia Medical Malpractice Lawyer 

Missed test results are not “bad luck.” They are symptoms of a broken system and unsafe culture. In West Virginia, where distance, staffing, and access already make healthcare harder, providers must work extra hard to ensure timely and reliable communication about results. When they don’t, and a patient is harmed, that failure can be medical malpractice.

If you are concerned about a missed test result, contact a West Virginia medical malpractice lawyer today. Initial consultations are confidential, and there are no legal fees unless you decide to proceed.