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Radiology plays an important role in diagnosing injuries, illnesses and serious medical conditions. X-rays, CT scans, MRI scans and ultrasounds can help doctors identify fractures, tumours, internal injuries, infections and other abnormalities that may not be obvious from a physical examination alone.
In most cases, scans are interpreted correctly and help patients receive the treatment they need. However, mistakes can happen. A scan may be misread, an abnormality may be missed or a concerning finding may not be followed up properly.
A radiology error does not automatically mean there has been medical negligence. However, if a patient suffers avoidable harm because a scan was not interpreted, reported or acted upon with reasonable care, they may be entitled to bring a medical negligence claim.
Radiology errors can occur when there is a problem with the way medical imaging is requested, carried out, reviewed, reported or followed up.
Examples may include:
Sometimes the scan itself is not the issue. The problem may be that the image was not interpreted correctly or that the radiologist’s report was not properly communicated to the treating medical team.
Missed fractures are among the more common types of radiology error. They may involve wrists, ankles, hips, ribs, hands, feet, vertebrae or other bones.
A missed fracture can lead to a patient being discharged without proper treatment, advised to weight-bear when they should not or left without the immobilisation, surgery or follow-up care they need. This can sometimes result in worsening pain, poor healing, deformity, reduced mobility or the need for more complex treatment later.
Radiology is often central to the investigation of suspected cancer. A missed tumour on an X-ray, CT scan, MRI scan, mammogram or ultrasound can delay diagnosis and treatment.
In cancer cases, timing can be especially important. A delay may affect the treatment options available, the stage at which the cancer is diagnosed or the patient’s overall prognosis.
and follow-up fell below the standard reasonably expected in the circumstances.
Not every missed abnormality will amount to negligence. Some findings are genuinely difficult to detect, particularly where symptoms are subtle, the image quality is limited or the abnormality is at an early stage.
A medical negligence claim may arise where there is evidence that the standard of care fell below what was reasonably expected.
This might include a failure to:
It is also necessary to show that the error caused avoidable harm. For example, it may not be enough to show that a scan was misread. The claim must usually establish that the patient’s outcome would probably have been better if the scan had been interpreted or acted upon correctly.
This is why expert evidence is so important in radiology negligence claims. Independent medical experts may be asked to consider what the scan showed, what a reasonably competent radiologist or clinician should have done and whether earlier diagnosis or treatment would likely have changed the outcome.
Responsibility for a radiology error will depend on the facts of the case. The mistake may have been made by a radiologist, hospital doctor, consultant, GP, private clinic or another healthcare provider involved in the patient’s care.
In some cases, the radiology report itself may be the issue. In others, the report may have correctly identified a concern, but the treating doctor failed to act on it. There may also be administrative issues, such as reports not being reviewed, results not being sent to the right person or follow-up appointments not being arranged.
Radiology claims can therefore involve more than one potential defendant. A solicitor will consider the full sequence of events, including who requested the scan, who reported on it, who received the report and what action was taken afterwards.
If you believe a scan abnormality was missed or not followed up, you should seek medical advice about your current condition as soon as possible. Your health should always be the priority.
You may also wish to:
There are strict time limits for bringing medical negligence claims in Ireland. In most cases, the relevant time limit is two years from the date of knowledge.
Date of knowledge can be especially important in radiology error claims. A patient may not realise that an earlier scan was misread until months or years later.
Because limitation issues can be complex, it is important to seek legal advice as early as possible.
You can learn more about the limitation period at: How long do I have to make a medical negligence claim?
Radiology negligence claims can be medically and legally complex. They often require careful review of medical records, original scan images and independent expert evidence.
Augustus Cullen Law has extensive experience in medical negligence claims involving delayed diagnosis, missed abnormalities and serious injury. If you believe that you or a loved one suffered avoidable harm because of a radiology error, our medical negligence solicitors can advise you on your options.
Contact Us for a confidential enquiry or visit Medical Negligence Claims to learn more about our services.
In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
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