Q: Is a hospital obligated to relay life threatening test results after a patient leaves?
My sister, age 64 went to the Emergency Room in Oct 2022 complaining of severe abdominal pain, pain urinating, extreme fatigue and weight loss. She was in the hospital for several days and they performed an endoscopy and colonoscopy. Both results were negative and she went home.
Since her hospital discharge, the symptoms were getting worse. she finally went to the ER on January 21,2023 and had emergency surgery for a large abscess, a small bowel resection, severe sepsis and other problems.
After the surgery, my other sister found an addendum to the colonscopy report stating there was a perforation of the colon and large intestine. This information had not been shared with anyone. She didn't make a copy and has not been able to find the record, after notifying a clinician.
The question...who has responsibility to relay life threatening information after a patient leaves the hospital?
A:
Under California law, hospitals have a legal obligation to notify patients of any life-threatening medical condition or test results that require immediate attention. The hospital may use various methods, such as telephone calls, letters, or email, to communicate the results to the patient or their designated representative.
If the hospital fails to provide timely notification of a life-threatening condition, they may be held liable for medical malpractice. However, in order to pursue legal action, it must be proven that the hospital's failure to provide timely notification directly caused harm to the patient.
It is important for patients to ask their healthcare providers about any test results and to request copies of their medical records to ensure they are fully informed about their health status. If a patient is concerned that they have not received important medical information, they should contact their healthcare provider as soon as possible to obtain the necessary information.
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