Radiologists play a crucial role in medical diagnostics, but recent reports suggest that around 4 percent of their radiological interpretations contain errors. While this may seem like a small percentage, every error can have serious consequences for patients. When a radiologist misinterprets diagnostic imaging, a patient’s treatment may be delayed or they may receive the wrong treatment entirely. Here we explain what radiological errors are, when radiologists may be held legally responsible for these errors, and what to do if you’ve been harmed due to a medical mistake.
What is a Radiologist?
Radiologists are medical doctors who specialize in diagnosing and treating patients using medical imaging such as x-rays, computed tomography (CT), magnetic resonance imaging (MRI), positron emission tomography (PET), fusion imaging, and ultrasound. The individual who operates the imaging equipment is known as a radiologist technician. The radiologist is an expert who interprets the images, and provides a diagnosis or offers guidance on the appropriate treatment. They play a vital role in bridging the gap between the medical imaging and the patient’s care.
What are Radiological Errors?
Radiological errors occur when a radiologist misreads or misinterprets the medical imaging. The most common errors are missed diagnoses. A missed diagnosis occurs when the medical imaging indicates the presence of an abnormality or medical issue, but the radiologist fails to identify it. While some missed diagnoses may be rectified by another healthcare professional, there are instances where radiological errors can lead to substantial delays in a patient’s care and cause irreparable harm.
Here is a list of 5 types of radiological errors:
- Incorrect diagnosis: A radiologist mistakenly identifies a condition that is not actually present.
- Missed diagnosis: A radiologist fails to detect a pathology that is present.
- Misinterpretation of the Findings: A radiologist misinterprets or misunderstands the meaning or significance of certain findings.
- Incorrect Reporting: This involves errors in conveying the radiologist’s findings in the medical report, potentially leading to confusion or inappropriate treatment.
- Technical Errors: Issues related to the equipment or imaging process itself, such as poor image quality, can contribute to diagnostic inaccuracies. Generally, a radiologist is not liable for technical errors.
When Are Radiologists Legally Responsible for Radiological Errors?
Radiologists may be liable for a medical error if (A) they fail to meet the standard of care expected of them, (B) the patient suffers injury and damages, and (C) the patient’s injury and damages are causally linked to the radiological error.
- Standard of Care of a Radiologist
The standard of care of radiologists is established by the case Ter Neuzen v Korn, 1995 CanLII 72 (SCC). In paragraph 33 of this case, the Supreme Court writes the following:
It is well settled that physicians have a duty to conduct their practice in accordance with the conduct of a prudent and diligent doctor in the same circumstances. In the case of a specialist, such as a gynaecologist and obstetrician, the doctor’s behaviour must be assessed in light of the conduct of other ordinary specialists, who possess a reasonable level of knowledge, competence and skill expected of professionals in Canada, in that field.
If we apply this rule to radiologists, it follows that radiologists are held to the standard of a reasonable radiologist in the same circumstances. A reasonable radiologist may make a radiological error if the medical imaging is extremely difficult to interpret. Therefore, if the medical imaging is highly complex, a radiologist is less likely to be held liable for a radiological error. Conversely, if the correct diagnosis is relatively apparent and the radiologist misses it, they are more likely to be held responsible.
- Injury and Damages
It can be frustrating when medical professionals make mistakes. However, in order to sue a radiologist successfully, the patient must suffer injury and damages. If you would like guidance in assessing the damages of your potential claim, contact a medical malpractice lawyer at BIMMA.
- Causation
To bring a successful claim, the injury or damages must be caused by the radiologist. If an injury is caused by a different medical professional or if it is unrelated to the radiological error, the radiologist will not be held responsible. Similarly, if the injury was not affected by the radiological error, then the radiologist will not be held liable. For instance, if a patient has a condition that the radiologist failed to diagnose, but this delay did not impact the treatment or prognosis of the condition then the radiologist may not be held legally responsible for the patient’s injury. There must be a causal link between the radiologist’s mistake and the damages suffered.
Were You Injured Due to a Radiological Error?
If you have been injured as a result of a radiological error contact BIMMA today. We can help you assess your case and analyze the liability of the radiologist involved in your care. You may have been told that the radiological error was unavoidable or understandable given the circumstances. However, an experienced medical malpractice can provide you with a more objective analysis of the case.
BIMMA offers free consultations. By speaking to a lawyer at BIMMA, you can feel confident that you have an experienced legal professional on your side. We will provide you with our honest opinion and, if we determine that your case has merit, we can help you pursue legal action. The legal landscape can be complex, but we have the tools to help you navigate it. Contact us today at +1-902-425-7330 or toll-free at +1-800-465-8794.
