One of the advantages of the computer era is that patients and physicians can communicate via a portal system. A patient can submit an inquiry which I typically respond to promptly. It also offers me the opportunity to provide advice or test results to patients. Moreover, the systems documents that the patient has in fact read my message. Beyond the medical value, it also provides some legal protection if it is later alleged that ‘my doctor never sent me my results’.
I have always endorsed the concept that patients must accept personal
responsibility. Consider this hypothetical example.
A patient undergoes a screening colonoscopy and a polyp is
removed. The patient is told to expect a
portal message detailing the results in the coming days. Once the analysis of the polyp has been
completed, the doctor sends a message via the portal communicating that the
polyp is benign, but is regarded as ‘precancerous'. The patient is advised to have a colonoscopy
repeated in 3 years in a continued effort to reduce colon cancer risk. The message concludes with a recommendation
to keep a record of the above advice. A
day later, the electronic medical record indicates that the patient has read the message.
The patient never returns for the recommended procedure in 3 years. A decade later,
he is discovered to have advanced colon cancer.
He and his family are angry and have engaged a lawyer to pursue some measure of justice. The physician
and his employer are accused of negligence in failing to issue regular
reminders, or even a phone call, urging the patient to arrange the
recommended procedure. This tragedy,
they argue, could have been prevented. During a contentious deposition, the
physician faces accusatory questions such as, ‘doctor, you were too busy even to make a
phone call to your patient?’, or ‘doctor, in the computer era, why couldn’t you
issue reminder letters or e-mails every year or so? Aren’t patients’ lives worth the price of a
stamp?’
I’d like to know what readers think here. Does this patient have a case or did the physician fully meet his obligation with the original portal message which we know the patient read?
I know readers can surmise my view here. Differing views are always welcome.
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