When a hospital informs a patient that their test results have been “lost,” it is normal to feel upset, angry, and confused. While upholding a high standard of patient care is critical to achieving the best possible outcomes, misplacing a test result could be the result of neglect by a physician, nurse, or other hospital staff member. 

What Does It Mean When a Hospital “Loses” a Test Result?

Most people who are told that their test result was lost during a hospitalization will take that explanation quite literally to mean that the printed results were lost, thrown away, or otherwise irretrievable. 

However, the reality of the situation may be quite different. In hospitals, multiple departments, people, and digital storage devices will have access to and safeguard medical records- including test results. This creates circumstances in which individual test results are sent via digital channels before reaching the physician who ordered the test in the first place. 

Since most hospitals use multiple systems to track medical records and test results, one system may not communicate with another. 

For example, consider the possibility that a patient’s echocardiogram may be in the cardiology system but was not added to the patient’s MyChart file. This could give the impression that a medical record was lost, even though the result was not transmitted between systems. 

Do Hospitals Have a Responsibility to Keep Track of Test Results?

Yes, a hospital does bear a certain responsibility to keep track of and safeguard medical records — including test results. Problems arise that are beyond a hospital’s control. In every circumstance in which a test result cannot be located, it is not always due to the medical provider’s negligence. 

With that said, West Virginia law requires hospitals to maintain accurate records for a specific period after treatment is provided. Federal law requires hospitals to maintain a record of a patient’s treatment for up to 5 years. 

If a patient is seeking a copy of a test result, the hospital must explain why the record cannot be located and the efforts made in the search. 

What are the Consequences If a Hospital Loses a Patient’s Test Results?

It is a very serious matter for a hospital to lose a patient’s test results. Receiving test results in a timely manner is critical to receiving proper care for any medical issues a patient is facing. Hospitals that fail to receive patient test results within a reasonable time may be found negligent in their care of that patient. Depending on the harm suffered by the patient, the victim may be entitled to damages for the loss of test results. 

Even if the test results come back with no abnormalities, a doctor should still inform a patient of those results. It is not a certainty that a physician will inform the patient of those test results- especially if the results are “normal.” Common tests like mammograms and blood work often go unreported back to the patient. All the while, the patient is left to wonder what the results showed and what necessary treatment, if any, would be necessary moving forward. 

Common Reasons Why Test Results Are Not Communicated to Patients

A hospital is a fast-paced, constantly moving type of environment. Physicians, nurses, and other hospital personnel must be able to make quick decisions for the benefit of their patients. When a test is ordered, there should be a mechanism to ensure the test results are communicated to the patient in a timely manner. Unfortunately, that does not always happen.

One reason the test results may not be communicated to the patient is that the test-result tracking system may be lacking. Simply put, the systems the hospital has in place for tracking test results may have flaws that make it easy for those results to get lost in the digital shuffle of all the other data stored on their computers. 

There are also reasons why test results are not communicated back to a client, including human error. The results may have been communicated, digitally or orally, to a physician who simply forgets to get back to a patient. The test results may also have been inaccurately or incompletely documented in the patient’s file. A delay in communicating test results increases the likelihood that the treatment record will be lost in the digital void by the time a physician attempts to look up the results. 

What Does a Medical Malpractice Claim for Lost Test Results Look Like?

The failure of a doctor to notify you of a test result, or the hospital completely losing your records, needs to have caused a patient to suffer some kind of damages in order to substantiate a medical malpractice claim. 

Consider what would happen if a mammogram test result were lost or was not communicated to a patient in a timely fashion. If that “lost” test result resulted in a worsening of breast cancer, then that may be sufficient cause to file a medical malpractice claim. 

The extent of damages suffered by a victim tends to be closely related to the compensation available. Medical treatment (past and future), lost wages, and pain and suffering are all types of damages that may be related to a lost hospital test result. 

Contact Crim Law, PLLC For a Free Case Review

The experienced West Virginia nursing malpractice lawyers at Crim Law, PLLC, offer free case reviews to individuals and families affected by a hospital’s loss of test results. Our team of legal professionals fights for our clients’ rights. Contact our office today.