Malpractice protection: communication of diagnostic uncertainty

Malpractice claims against pathologists for misdiagnosis have been sharply rising, especially in the areas of breast fine-needle aspirations (BFNAs) and cervical (Pap) smears. The current state of medical malpractice law is reviewed as it relates to pathologists' anatomic reports. Communication is one of the best medical malpractice prevention tools. This article examines anatomic pathology reports in terms of the merits of communicating diagnostic error rates to the clinician/patient. In the areas of BFNAs and cervical smears, dissemination of diagnostic error rates in the cytology report is recommended. This would help safeguard against malpractice liability being imposed without showing a deviation by the cytopathologist from reasonable practice standards.