Radiology Negligence & Malpractice Compensation Claims

If a radiologist’s report fails to correctly identify a fracture or more serious condition, this counts as medical negligence. Malpractice can also occur due to malpractice during interventional procedures, with potentially life-changing injuries.

In 2019, NHS Resolution released a report showing radiology negligence claims made up around 4% of all claims. The level of training radiology professionals have means there’s no excuse for failing in their duty of care, and you have every right to file for compensation.

If your radiologist provided substandard treatment, you might be able to receive compensation. The first step in the claims process is determining your eligibility. Please seek free legal advice by filling out the online form or phoning 0800 234 6438.

The specialist will ask questions about your cause and refer you to a no win no fee solicitor if they feel you’re eligible to claim compensation.

Most legal advisors will advise you to use a no win no fee agreement when securing compensation, as there are zero financial risks. Unlike a traditional solicitor, no win no fee lawyers don’t have any upfront fees, and they’ll only be paid if you receive compensation.

Working with a traditional solicitor means you’ll need to factor in the hourly rate, and compensation’s not guaranteed. Conditional fee agreements also provide extra peace of mind, as the solicitor won’t take on your case unless they’re confident of winning.

Evidence can make or break radiology negligence claims. Your solicitor will go out of their way to identify and collate evidence that proves negligence, but you can also gather evidence to support your claim.

The following forms of evidence are most helpful in proving radiology malpractice and negligence:

• Medical Records: Your medical records are vital for medical negligence claims, as they clearly outline any X-rays, scans and radiology treatments you received. Your solicitor can identify where the technician failed in their duty of care and present a strong case to the negligent party.
• Witnesses: Statements that detail how your injuries happened and their impact on your life can also be beneficial when claiming compensation.
• Independent Experts: A detailed report from a medical expert can prove negligence, as the professional reviews your case and identifies where the negligence occurred.
• Medical Assessments: The negligent party might ask you to attend a medical assessment to verify any complications or injuries. Your solicitor can also set up an assessment to prove that clinical negligence occurred.
• Visual & Written Evidence: You should also take photos of any complications and injuries wherever possible. Keeping a journal can help your solicitor highlight the day-to-day impact radiology negligence has on your life.
• Financial Records: Maintaining records of any financial losses is integral to the special damages component of your claim. Travel costs, time off work, private medical expenses and home adaptations are expenses that you can receive.

When calculating a radiology clinical negligence claim, the solicitor will look at multiple factors, including the initial negligence and its long-term impact on your life. The solicitor will put your case forward to the negligent party and begin negotiations.

Naturally, you want to secure the maximum compensation you’re entitled to, and this means the negotiations can drag on if neither party can reach an agreement. The claim might go to court in some cases, but both parties will attempt to avoid this.

Nicola Laver, LLB

Once both parties agree to compensation, the solicitor will take their fees out of your award, and you’ll get the rest of the money. It’s yours to spend on whatever you want, including private treatments, replenishing your bank account and making home adaptations.

All radiology negligence claims are different, and there’s no set compensation amount. Your medical negligence solicitor will factor in both general and special damages when calculating your compensation.

General damages are the negligence itself and any loss of amenity, while special damages cover any financial losses. So, the more severe your injuries and complications are, the higher your compensation payment will be.

The following compensation amounts are examples from previous cases. They’re used as guidance only as only your solicitor will be able to provide a realistic figure based on your injuries and the long-term implications of radiology negligence.

If you’d like to claim compensation for negligent radiology treatment, please call 0800 234 6438 or use the online form for free legal advice. The advisor will ask about your injuries/complications and learn more about how the negligent treatment occurred.

They’ll then connect you with a no win no fee solicitor, who will get the ball rolling on your no win no fee claim.

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Radiology is a vital diagnostic tool that can identify a range of conditions, including fractures and cancerous growths. It encompasses a variety of techniques, including CT scans, MRI scans, and X-rays, each using special imaging technologies.

Medical professionals can even perform interventional radiology procedures, including angioplasties and embolizations.

Radiography technologists are highly trained individuals who know how to use specialist imaging technologies and assess the results. The technician also provides a report for medical professionals to review.

Radiology is an umbrella term that covers numerous diagnostic tools and treatments, including:

• Ultrasounds: Most people associate ultrasounds with pregnancy, but they can also be instrumental in identifying cysts and tumours, detecting thyroid nodules, identifying conditions like fibroids and endometriosis and assessing heart health.
• X-rays: An X-ray can look at the bones and other body areas to identify abnormalities. They’re commonly used to look for fractures and cracked bones, but an X-ray might also identify the need for extra tests. For example, if a technician notices a mass, they can order a CT scan to check for cancer.
• CT Scans: Computed tomography scans are more advanced than X-rays, effectively detecting abnormalities. A specialist might also inject radioactive glucose into your vein to identify cancer. These tests are a form of CT scan known as Positron Emission Tomography (PET scans).
• MRI Scans: Also known as Magnetic Resonance Imaging, MRI scans use magnetic fields to check for abnormalities in the brain, muscles, nerves, and the spinal cord. It’s one of the most effective ways to diagnose conditions like breast cancer.

There are multiple causes of negligence during radiology; some have more severe implications than others.

It’s also important to remember that malpractice can occur due to the radiology technician’s initial negligence, a doctor not reading the report correctly, or surgeons choosing the wrong type of treatment.

A missed diagnosis can occur when the technician doesn’t fully assess your test results. For example, they might not notice a fracture, which can get worse over time and cause an ongoing disability.

Unfortunately, some radiographers might not notice a tumour, which can lead to cancer progression and – in severe cases – fatalities.

Misinterpreting an imaging examination can significantly disrupt the entire radiology process, with potentially serious consequences. Most of these cases are due to human error, but you could potentially make a claim against the hospital or equipment provider if the machine fails to work.

Errors can also occur when creating a report, or doctors could misread the findings and opt for an unsuitable treatment.

Hospitals are incredibly busy places, and resources are limited. It’s easy to see why so many claims are due to mixing up patients or cases: many employees are constantly busy. When a radiographer confuses patients or cases, it can lead to inaccurate reports.

This often has a ripple effect because the physician reviewing the report might issue incorrect medical treatment, leading to severe complications and even death.

Poorly maintained or malfunctioning equipment can also cause a range of issues. These radiology negligence claims can be challenging, as your solicitor will need to establish where the malpractice occurred.

For example, if the hospital didn’t conduct regular tests, your claim would be against them, but faulty equipment that never worked correctly might require your solicitor to lodge a radiology negligence claim against the manufacturer.

If you want to seek compensation following radiology negligence, you’ll need to file the claim within three years of the malpractice occurring. There are some exceptions to the rule, including for children and those with limited capacity.

Children can seek compensation up to three years after turning 18, while someone else can claim on behalf of someone with limited capacity.

It’s always best to claim immediately, ensuring negotiations can continue within the time limit.

All medical negligence cases are different, and your radiology claim’s time to settle depends on the negotiations. An experienced radiology negligence solicitor will work hard to put a robust case forward and gather evidence that proves your complications.

In some cases, the claim might go to court – but this is usually a last resort. Your medical negligence solicitor will offer advice throughout the process.

If you had a radiology procedure at an NHS hospital, the Resolution Service will pay for your claim. It’s the same for GPs who fail to diagnose your condition or refer you to a specialist after your X-ray or scan.

If you opted for private treatment, your compensation is usually paid by the negligent party’s insurance company.

Some people worry about claiming against the NHS, but the trust is in place to ensure patients receive financial support after radiology negligence.