Federal law, specifically the 21st Century Cures Act, requires that the results of medical tests be sent to patients through electronic means, such as a patient portal, by their healthcare providers. In fact, patients should be given access to all of their electronic medical records without charge, including medication lists, referral information and clinical notes that are in an electronic format. Test results should be provided promptly when they become available.
There is a “preventing harm” exception to the rule of prompt communication. It allows physicians to deny access to information to a patient if they believe that the patient may harm themselves or others after learning the information. A Texas lawyer would be able to explain the circumstances in which the exception might apply.
The federal Department of Health and Human Services (HHS) recognizes that this ability to withhold information could be abused, so it has established an online reporting system for “information blocking.” An individual whose information has been kept from them by a healthcare provider may report it to the HHS.
In Texas, a state law enacted in 2025 gives Texas physicians a 3-day window within which they can review medical test results and communicate them to patients before the test result is added to a patient’s electronic medical record and the patient is given access to the information. A Texas lawyer consultation would help a person understand both federal and Texas law regarding their right to access their medical test results.
The rationale for the Texas law is that doctors have witnessed patients getting significant test results, e.g., a result indicating that the patient has cancer, before they have spoken with their doctor. Doctors believed that they should have a window of opportunity to communicate about test results with their patients before the results are given to the patient in electronic form. They persuaded Texas lawmakers to pass a law that gives them this window.
What Is the Importance of Timely Communication of Test Results?
Laws and regulations that mandate giving patients prompt access to their test results express a policy of believing that patients have a right to access their health records, including records of treatment and the results of testing.
Giving the patient prompt access allows them to share the information with every healthcare provider who is involved in their care. This enables the patient’s entire team to make the best informed decisions about the patient’s health and treatment options.
Clearly, delays in communicating test results could delay the provision of the best treatment option to the patient. This, in turn, could have a negative impact on the patient’s health outcomes.
How Does Timely Communication Impact Patient Trust and Satisfaction?
Research has shown that patients who read what healthcare providers write about them experience feeling more involved in their care. This would include reading about the results of tests.
They also report feeling more knowledgeable about their care. They report feeling better prepared for doctors’ visits. Perhaps most importantly, they report being more likely to do what their healthcare providers direct them to do to support their healthcare program.
People from all ethnic groups, all genders, all socioeconomic statuses, and education levels share the positive results of research. Family caregivers experience the benefits as well.
Why Would My Doctor Withhold Test Results From Me in Texas?
As noted above, Texas law allows a doctor to withhold test results for up to 3 days in order to give the doctor time to discuss them with their patient. In addition, if a healthcare provider thinks that a patient might harm themselves or others if told about test results, they can deny the patient access to the information.
What Types of Damages Can I Obtain in a Texas Medical Malpractice Case?
The victim of medical malpractice in Texas can seek various types of monetary damages as follows:
- Compensatory Damages: Compensatory damages are sometimes referred to as economic damages. This is because they compensate victims for the kinds of harm and losses that can be quantified as dollar amounts. So, such losses as the loss of income caused by the victim’s inability to work is covered by compensatory damages.
- Other items covered by compensatory damages are loss of future income, past medical bills, anticipated future medical expenses, and the costs of rehabilitation. There is no cap or limit on economic damages in Texas. A victim of medical malpractice can recover compensatory damages in the amount that equals the value of the actual loss that they can prove.
- Non-economic Damages: Damages for non-economic losses compensate for the types of harms and losses that are difficult to quantify with a specific value, such as pain and suffering. There are caps in Texas law that apply in medical malpractice cases as follows:
- There is a $250,000 cap on non-economic damages for all individual physicians or health care providers combined.
- There is a $250,000 cap on non-economic damages for a hospital or facility, up to a maximum of $500,000 if there are multiple defendant hospitals or facilities.
- The cap was enacted into Texas law in 2003. It has not been indexed for inflation and is not adjusted each year.
- Wrongful Death and Survival Cap: If the victim of medical malpractice passes away and their survivors sue the healthcare providers, their recovery is capped. Survival claims belong to the estate of the deceased patient. Texas law defines who the wrongful death beneficiaries are; they are the only individuals who can file a wrongful death lawsuit. The spouse, children, and parents of the deceased patient are the wrongful death beneficiaries in Texas.
What Types of Medical Tests Are Commonly Miscommunicated in Texas?
Any of the common types of medical tests can be miscommunicated.
- Diagnostic Test Results: These are used to identify specific health conditions or illnesses in the patient, e.g., whether the patient has influenza.
- Screening Test Results: Screening tests are performed before a patient exhibits symptoms in order to try to identify the presence of a condition before symptoms appear when the condition might be treated more successfully. Mammograms are an example. Women are given mammograms routinely, even though they show no symptoms of breast cancer. This is done in order to see if the disease is present when it can be successfully eliminated because it is in an early stage.
- Laboratory Test Results: These are tests performed in a laboratory, such as blood tests.
Any test result can be miscommunicated. Results can be sent to the wrong office or physician. This, in turn, can lead to missed diagnoses and lost opportunities for timely treatment. Test results might be misplaced and never submitted to a physician for analysis. Any kind of result can be miscommunicated in Texas.
When Could Failure To Disclose Test Results Amount to Medical Negligence in Texas?
A failure to communicate test results occurs when a healthcare provider does not inform a patient of their results in a timely or effective manner. Given the federal and Texas laws that apply, failure to give a patient access to test results within 3 days of their availability would violate applicable law, unless the one exception applies.
While the failure might violate applicable laws, it does not rise to the level of medical negligence practice unless the failure results in physical harm to the patient. It is important to remember that the elements of medical malpractice are as follows:
- Duty: The defendant must be a healthcare provider who owes the patient a duty of care.
- Breach of the Duty: The healthcare provider must breach their duty by providing care or treatment that is below the standard that applies in a given case.
- Injury: The actions of the healthcare provider that constitute the breach of their duty of care must be the direct cause of injury to the patient.
- Damages: They must also prove that they suffered harm, e.g., physical injury and consequent economic and non-economic losses as a result of the medical malpractice negligence.
The important point is that the failure to disclose test results must be the direct cause of significant injury and consequent economic and non-economic harm to the patient if it is going to amount to medical malpractice. Lawyers for medical malpractice claims would be able to analyze an individual’s unique situation and determine if a failure to relate test results amounted to malpractice that entitles the individual to legal relief.
What Causes Miscommunication of Test Results?
Generally speaking, simple negligence on the part of staff in a test laboratory or a physician’s office causes the miscommunication of test results. Results are misplaced or a staff member simply forgets to communicate the results as necessary. Unfortunately, in some cases, such simple mistakes can have significant consequences for a patient.
How Can I Protect Myself Against a Failure To Disclose in Texas?
An individual should expect to receive the results of a medical test of any kind within 3 days of the testing procedure per Texas law. If they have not received the results within the 3 day period, they should respond proactively.
They would contact the office of the facility in which the test was administered, e.g., a radiology facility or lab test facility, as well as the office of the physician who ordered the test. The individual should persist until they have received the results of the test in question.
Do I Need a Lawyer if My Doctor in Texas Failed To Tell Me My Test Results?
If your healthcare provider failed to provide you with test results promptly as required by law, you want to talk to a Texas personal injury lawyer as soon as possible. Your lawyer will be able to analyze the facts of your case and determine if negligence on the part of one of your healthcare providers has caused you injury and harm.
You do not want to guess about whether you have been the victim of medical malpractice. You need a professional opinion that can help you get the compensation you deserve for your injury.
