Case-law has confirmed that courts are generally not very sympathetic towards radiologists in failure to report cases. By the time the case reaches trial or settlement, the patient may be dead or dying or worse off due to the communication failure. Also, the act of communicating directly with the appropriate referent is portrayed as something that can be easily accomplished. Any excuse the radiologist might offer for not calling a significant, unexpected report would be viewed as trivial by the court and ignored.

Merriman vs. Toothaker

A Washington State court rejected the argument of the radiologist that he had a right to assume the report he mailed to the attending had been received and acted upon. TJ Kline,JD - TS Kline,MD - Article

Phillips vs. Good Samaritan Hospital

An Ohio court ruled "the communication of a diagnosis so that it may be beneficially utilized may be altogether as important as the diagnosis itself." DP Laing, JP - Article

Jenoff vs. Gleason

A New Jersey court affirmed the findings in the Phillips case and went on to say communication of an unusual finding is as important as the finding itself and even in the absence of expert testimony the jury should be able to determine the "adequacy of the radiologists communications." NJ Courts Online

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