When you place your trust in a healthcare provider, you expect clear communication about your diagnosis, treatment options, and potential risks. Unfortunately, medical professionals sometimes fail to communicate critical information to patients or other members of the healthcare team—a failure that can have serious consequences. At McCutchen Napurano - The Law Firm, our Fort Smith failure to communicate malpractice attorneys have recovered millions for victims and their families. In October 2025, we secured a $15 million wrongful death verdict in Stipins v. Mercy Hospital. If a healthcare provider’s failure to communicate caused you or a loved one harm, we can help you pursue the compensation you deserve. Contact us today at (479) 783-0036 or schedule an appointment online for a free consultation.
Why Choose McCutchen Napurano - The Law Firm for Your Failure to Communicate Case?
McCutchen Napurano - The Law Firm brings decades of experience handling complex medical malpractice cases, including those involving communication failures. Our founder, Joey McCutchen, has spent 37 years representing injured patients and their families. His commitment to trial advocacy and consumer protection has earned him recognition as a Super Lawyer for six consecutive years (2019-2024) and an Avvo rating of 8.1 (Excellent).
McCutchen Napurano - The Law Firm‘s track record demonstrates our ability to hold healthcare providers accountable. In October 2025, we secured a $15 million wrongful death verdict in Stipins v. Mercy Hospital. This case shows our commitment to pursuing substantial compensation for families devastated by medical negligence. Our case results speak to our trial advocacy capabilities and success in complex medical malpractice litigation.
We approach every failure to communicate case with the same preparation and dedication we bring to trial. We work with medical experts who evaluate whether communication failures violated the standard of care. We investigate thoroughly to identify all responsible parties—hospitals, physicians, nursing staff, and other healthcare providers. We represent clients on a contingency basis, meaning you pay no upfront fees and we only recover if you do.
Our clients appreciate our responsive communication throughout their cases—a commitment that takes on special meaning when representing those harmed by healthcare communication failures. We make ourselves available 24/7 for urgent matters and offer consultations at your home or hospital if you cannot travel. We treat every client with compassion while aggressively pursuing the compensation they deserve. Learn more about how we work and our client bill of rights.
Why Clients Choose McCutchen Napurano - The Law Firm:
- Multimillion-dollar case recoveries in medical malpractice, including the $15 million Stipins v. Mercy Hospital verdict
- This recent case is the largest verdict for a medical malpractice death lawsuit in all of Arkansas history
- Experienced trial attorneys with proven courtroom success and Super Lawyers recognition
- Direct access to medical experts for thorough case evaluation and testimony
- No upfront fees—we work on contingency and only recover if you do
- Responsive communication throughout your case, available 24/7 for urgent matters
- Compassionate representation during difficult times, with consultations available at your home or hospital
What Is Failure to Communicate in Medical Malpractice?
Failure to communicate occurs when a healthcare provider fails to convey material information to a patient or other medical professionals, resulting in harm. This distinct form of medical malpractice differs from other negligence claims because the injury stems directly from the absence of communication rather than a specific medical procedure or diagnosis error.
Healthcare providers have a legal duty to communicate information that a reasonable healthcare professional would share under similar circumstances. This includes test results, diagnosis changes, treatment risks, medication side effects, and alternative treatment options. When providers breach this duty, patients lose the opportunity to make informed decisions about their care or receive timely treatment. According to the American Medical Association, effective physician-patient communication is a cornerstone of quality healthcare and patient safety.
Failure to communicate malpractice claims require proving three things: the healthcare provider failed to share information, a reasonable provider would have communicated this information, and the patient suffered injury as a direct result of this communication failure.
How Failure to Communicate Differs from Other Malpractice Types
While related to lack of informed consent, failure to communicate represents a separate category of medical malpractice. Lack of informed consent focuses on a patient’s right to understand risks before agreeing to treatment. Failure to communicate encompasses broader communication breakdowns—including failures to relay test results, communicate between healthcare team members, or inform patients of diagnosis changes. Understanding this distinction matters for your case because it affects how we prove negligence and establish damages.
The Joint Commission, which accredits healthcare organizations, identifies communication failures as a leading cause of sentinel events and patient harm. This regulatory framework strengthens our ability to prove negligence in failure to communicate cases.
Common Scenarios of Failure to Communicate in Fort Smith Healthcare
Communication failures occur across various healthcare settings and situations. Recognizing these scenarios helps patients understand whether they may have a valid claim.
Hospital communication breakdowns frequently occur between departments when critical patient information fails to transfer between teams. Emergency room staff may fail to relay vital information to admitting physicians. Specialists treating patients may not communicate findings back to primary care providers, leaving gaps in the patient’s overall care plan. Nursing staff sometimes fail to report significant changes in a patient’s condition to physicians. Pharmacy miscommunications regarding medication interactions or contraindications can lead to dangerous drug combinations. Discharge instructions may not be properly communicated to patients, leaving them uncertain about post-operative care. Test results showing abnormal findings may sit in a patient’s file without being communicated to the treating physician. Surgical teams may experience communication failures during procedures, with anesthesia and surgical staff not adequately coordinating care.
Common Communication Failures in Healthcare:
- Delayed communication of abnormal lab results to patients or treating physicians
- Failure to inform patients of available treatment alternatives
- Miscommunication between surgical and anesthesia teams during procedures
- Inadequate handoff communication during shift changes between healthcare providers
- Failure to communicate drug contraindications or dangerous medication interactions
- Not informing patients of procedure complications or adverse events
- Failure to communicate changes in patient condition to responsible physicians
- Incomplete or missing communication in medical records between care providers
The Joint Commission International reports that communication failures account for approximately 60% of sentinel events in healthcare settings, making this a critical area of medical malpractice law.
How Failure to Communicate Causes Serious Injuries
Communication failures in healthcare settings create cascading consequences that harm patients. When test results go uncommunicated, patients miss critical windows for early treatment. Delayed diagnosis of serious conditions like cancer, heart disease, or infections allows diseases to progress to advanced stages. Medication errors stemming from miscommunication between providers can cause severe adverse reactions or organ damage. Surgical complications go unreported, preventing timely intervention that could prevent permanent disability or death. Patients uninformed about their conditions cannot participate in their own care or seek second opinions.
Beyond physical injuries, communication failures cause profound emotional and psychological harm. Patients experience anxiety, depression, and loss of trust in the healthcare system. Families face the trauma of losing loved ones to preventable complications. In cases involving wrongful death, families lose the opportunity to spend final moments with their loved ones or make end-of-life decisions.
Proving Damages in Failure to Communicate Cases
Establishing a successful failure to communicate claim requires proving medical causation—demonstrating that the communication failure directly caused your injury. This typically requires expert medical testimony from healthcare professionals who can explain how proper communication would have changed the outcome. We review medical records to identify communication gaps and document deviations from standard healthcare practices. Hospital policies and communication protocols establish what reasonable providers should have communicated. Witness statements from other healthcare providers strengthen your case by corroborating communication failures.
Arkansas law allows recovery for economic damages including medical bills, lost wages, and future medical care costs. Non-economic damages compensate for pain and suffering, emotional distress, and loss of enjoyment of life. In wrongful death cases, families recover damages for the loss of their loved one. Importantly, Arkansas imposes no damage caps in medical malpractice cases, allowing juries to award full compensation for your injuries. Under Arkansas Code Annotated § 16-114-203, the statute of limitations for medical malpractice claims is two years from the date of the alleged wrongful act.
Frequently Asked Questions About Failure to Communicate Medical Malpractice
What is the statute of limitations for a failure to communicate malpractice claim in Arkansas?
Arkansas law provides a two-year statute of limitations for medical malpractice claims, measured from the date of the alleged wrongful act. Under Arkansas Code Annotated § 16-114-203, Arkansas does not broadly apply the discovery rule. The statute begins running from when the medical error occurred, regardless of when the injury is discovered. Limited exceptions exist for foreign objects left in the body and certain cases involving minors. Acting quickly to consult with an attorney helps you preserve your right to pursue compensation.
How do I prove a healthcare provider failed to communicate?
Proving failure to communicate requires multiple forms of evidence. Medical records often reveal gaps in communication or missing information. Expert medical testimony establishes that a reasonable healthcare provider would have communicated the information in question. Witness statements from other healthcare providers, nurses, or staff members corroborate communication failures. Hospital communication protocols and policies demonstrate what providers should have done. We examine whether the provider deviated from the standard of care by failing to communicate. The National Institute of Health has documented that communication failures are a systemic issue in healthcare that requires legal accountability.
Can I sue for failure to communicate if I didn't suffer a physical injury?
Yes. Arkansas law recognizes emotional distress and psychological harm as compensable damages in medical malpractice cases. Patients who experience anxiety, depression, or loss of trust in healthcare following communication failures can recover damages. However, you must document this harm through medical records, psychological evaluations, and testimony. We help gather the evidence necessary to prove non-physical injuries. Our testimonials include cases where clients recovered damages for emotional and psychological harm.
What damages can I recover in a failure to communicate case?
Economic damages include all medical bills related to treating injuries caused by the communication failure, lost wages from time away from work, and costs of future medical care. Non-economic damages compensate for pain and suffering, emotional distress, and loss of enjoyment of life. In wrongful death cases, families recover damages for the loss of their loved one’s companionship and support. Importantly, Arkansas imposes no damage caps in medical malpractice cases, allowing juries to award full compensation for your injuries.
How long does a failure to communicate medical malpractice case take?
Timeline varies significantly depending on case complexity and whether the case settles or proceeds to trial. Many cases resolve through settlement within 12-24 months. Cases proceeding to trial typically take 2-3 years or longer. Factors affecting duration include the number of defendants, complexity of medical issues, and insurance company responsiveness. We prepare every case for trial, which often encourages reasonable settlement offers. We keep you informed throughout the process and discuss timeline expectations during your initial consultation. See our how we get paid page for more information about our contingency fee structure.
Do I need an attorney for a failure to communicate claim?
Medical malpractice law is complex, and failure to communicate cases require specialized knowledge. Insurance companies employ experienced adjusters and attorneys to minimize payouts. Expert medical testimony is essential but expensive to obtain. An experienced medical malpractice attorney levels the playing field, ensuring your rights are protected and you receive fair compensation. We handle all aspects of your case, from investigation through trial if necessary. Our about us page details our firm’s experience and commitment to client advocacy.
Contact McCutchen Napurano - The Law Firm for Your Free Consultation
If a healthcare provider’s failure to communicate caused you or a loved one serious injury or death, you deserve experienced legal representation. McCutchen Napurano - The Law Firm offers free consultations with no obligation. We work on contingency, meaning you pay nothing unless we recover compensation for you.
Contact us today at (479) 783-0036 to discuss your failure to communicate medical malpractice claim. We’re available 24/7 for urgent matters and can meet you at your home or hospital if travel is difficult. Let our experience and commitment to consumer advocacy work for you. Schedule an appointment online or give us a call (479) 783-0036 for a free consultation.
