Connecticut practice settles $2M malpractice charge due to failed test order in new EHR 

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OB-GYN Services in Norwich, Conn., agreed to pay $2 million to settle malpractice charges after a pregnant patient's genetic test order did not go through in the practice's EHR system, according to a Dec. 25 The Day report.

Elizabeth Trotter requested and consented to genetic testing at the practice in 2016 during her first pregnancy; Ms. Trotter told the publication she wanted to be tested for everything since she did not know her medical history. At 12 weeks, she was told that her blood work was normal and she gave birth to her daughter in January 2017.

During Ms. Trotter's second pregnancy, she experienced complications including high blood pressure and preeclampsia, and her daughter was born premature and spent more than a month in a neonatal intensive care unit. During the newborn screen, Ms. Trotter found out that her second baby was positive for cystic fibrosis.

"The Trotters returned to OB GYN Services to ask how their daughter could have been born with this disease when the Cystic Fibrosis test performed on Beth [their first child] in 2016 had been negative," according to The Reardon Law Firm, which represented the Trotters. "The doctor consulted the records and determined that the test had never been ordered by the practice and had never been performed, despite being requested by Beth and acknowledged by the physician she spoke with."

Ms. Trotter's attorney settled the case for the maximum amount of insurance coverage and told the publication they believe that the practice's relatively new EHR system made it difficult at the time to access lab results through the software.

Ms. Trotter's physician declined to comment, and OB-GYN Services' lawyer did not immediately respond to a comment request, according to the report.

In addition to the financial settlement, the physician and medical providers implemented steps to ensure the practice is more careful moving forward with these types of errors and met with Ms. Trotter and her family over video chat to go over the changes, according to the report.

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