Some people may not contact their medical or other healthcare practitioner to discuss their results after being tested.
It is vital that medical and health practitioners actively manage communication and follow-up of test results to ensure their patients receive results. Failing to do so limits the person’s access to appropriate treatment and may result in a finding of negligence against the medical or health practitioner (see Kite v. Malycha (1998) 71 SASR 321 discussed at Negligence – Failing to relay test result below).
Failure to follow up HIV test results may result in consequential harm to the patient and third parties, which is illustrated by CS v Biedrzycka [2011] NSWSC 1213, discussed below.
In CS v Biedrzycka [2011] NSWSC 1213, two New South Wales medical practitioners and a practice administration service provider were found to be negligent in failing to maintain proper patient records, in this case the current address of the patient.
The patient in question had returned inconclusive test results for HIV and required retesting. A letter was sent to the patient’s former address advising of the need for retesting, and the letter did not reach her.
Upon return to the medical practice, the patient was incorrectly advised that the incomplete entry on their health record was indicative of a negative HIV result.
The patient, believing that their HIV status was negative and not knowing their HIV test was inconclusive, had sexual intercourse with an intimate partner that resulted in HIV transmission.
It was found that had the patient received the letter advising the HIV test was inconclusive and that retesting was advised, the risk of harm to the sexual partner could have been averted.
It is the responsibility of healthcare practitioners and providers to have systems in place to facilitate the active and timely follow-up and recall of patients. This includes identifying instances when patients do not return to receive test results. Those instances should trigger telephone or other reliable contact with the patient. It is not sufficient for healthcare providers to leave it to the patient to decide whether to come back. (CS v Biedrzycka [2011] NSWSC 1213 is one example. The case of BT v Oei [1999] NSWSC 1082, while not about HIV testing, similarly raises the importance of following up test results. See also Duty of care to third parties and civil liability.)
