When people think about medical malpractice, they often picture a surgical mistake, a missed diagnosis, or a doctor providing the wrong treatment. But serious medical errors can also happen because of something much simpler: a failure to communicate.
A test that is discussed but never ordered. An instruction that isn't clearly given to staff. A missing result that no one follows up on. These communication breakdowns can have significant consequences for patients.
In the video “When Poor Communication Becomes Medical Malpractice | Steve Heninger | Real Client Story,” HGD Law Firm attorney Steve Heninger shares a real case handled by the firm involving a communication failure that contributed to a dangerous delay in a patient's diagnosis.
Watch the video to hear Steve explain what happened and why communication became a central issue in the case.
Medical Malpractice Isn't Always a Surgical Error
Medical malpractice can take many forms. While some cases involve errors during surgery or failures to properly diagnose or treat a condition, others involve breakdowns in communication among doctors, nurses, medical staff, and patients.
In the case Steve discusses, a patient had been experiencing an unexplained fever for several days. During an examination, an infectious disease doctor also detected a heart murmur that had not previously been present.
According to Steve, these symptoms raised concern about a potentially serious heart condition, and the physician documented a plan for the patient to undergo an echocardiogram.
But there was a problem: the test was never actually ordered.
When a Planned Medical Test Doesn't Happen
An echocardiogram can provide physicians with important information about the heart and its valves. In this case, Steve explains that the doctor documented his intention to have the test performed but did not issue the necessary order.
The patient returned approximately 10 days later without having received the test. According to Steve's account, the missing test wasn't caught during that appointment either.
As a result, weeks passed while the patient's fever continued.
Eventually, the patient saw another physician, underwent testing, and was diagnosed with endocarditis. By that point, Steve explains, the patient's condition required major treatment, including replacement of two heart valves.
A Breakdown in Communication Can Have Serious Consequences
One of the key issues in the case was determining how an important diagnostic test could be identified as part of the treatment plan yet never be performed.
Steve explains that during the litigation, the physician testified that he expected members of his staff to see the plan in the medical record and take the necessary steps to arrange the test.
The distinction was critical: documenting that you plan to order a test is not necessarily the same as actually ordering it.
When doctors and other healthcare professionals do not clearly communicate responsibilities, follow through on orders, or verify that necessary testing has occurred, a patient can fall through the cracks.
And when that breakdown results in delayed diagnosis, additional treatment, or serious injury, questions about medical negligence may arise.
When Does Poor Communication Become Medical Malpractice?
Not every communication mistake constitutes medical malpractice. Generally, a medical malpractice claim requires more than showing that someone made a mistake. Whether malpractice occurred depends on the applicable standard of care, whether that standard was breached, and whether the breach caused the patient's injuries or damages.
Communication failures can become particularly important when they result in issues such as:
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A necessary diagnostic test not being ordered or performed
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Abnormal test results not being communicated
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A referral not being completed or followed up on
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Important information not being shared among healthcare providers
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A patient's worsening symptoms not being appropriately addressed
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A delay in diagnosing or treating a serious medical condition
The circumstances of each case are different, which is why a detailed review of the patient's medical records and treatment history can be important.
Communication Is Part of Patient Care
Modern healthcare often involves multiple people: physicians, nurses, specialists, laboratories, imaging centers, pharmacies, and administrative staff. Effective communication between those individuals isn't merely convenient—it can be essential to ensuring that patients receive the care that has been recommended.
Patients should not have to determine which member of a medical team was supposed to order a test, schedule a procedure, or follow up on a result.
When a failure within that process causes a patient to suffer a preventable injury, it may be appropriate to investigate what happened and who was responsible.
Think Poor Communication Affected Your Medical Care?
If you or a family member experienced a serious medical complication after a test wasn't ordered, results weren't communicated, or necessary follow-up care didn't occur, it may be worth having the circumstances reviewed.
At HGD Law Firm, our attorneys evaluate medical malpractice cases and help individuals and families understand whether failures in their medical care may provide grounds for a legal claim.
Watch “When Poor Communication Becomes Medical Malpractice | Steve Heninger | Real Client Story” to hear Steve explain how a seemingly simple communication breakdown became a critical part of a medical malpractice case.
This content is for general informational purposes only and does not constitute legal or medical advice. Past results do not guarantee or predict similar outcomes in future cases.
