St. Paul Radiology Negligence Lawyer
According to the National Center for Biotechnical Information (NCBI), radiologists perform more than one billion radiology tests annually. The National Library of Medicine (NLM), a division of the National Institutes of Health, also estimates that radiological errors and discrepancies occur in 3-5% of all tests performed.
The outcomes of radiological errors can be devastating or even fatal. Should you be concerned about radiological errors, and what can you do if you’re a victim? The following information can help you decide.
What is a Radiologist?
A radiologist is a medical doctor with specialized training in medical imaging techniques. He or she will typically undergo an additional fellowship and be certified by the American Board of Radiology. To maintain their certification, radiologists must complete a certain number of continuing education credits each year.
Your actual test may be performed by an x-ray technician, radiology associate, or ultrasound tech. But the results of that test will be evaluated by the radiologist, who will then submit a written report as to the findings. Chances are you will never speak with this physician face to face, although you may receive a bill for services.
Radiology Errors are Common
As discussed, radiology errors are exceedingly common. In fact, some argue that certain radiology errors are practically unavoidable. So the odds that you might encounter one is actually much larger than you might imagine.
According to the Radiological Society of North America, the prevalence of radiology errors has basically remained unchanged over the past 60 years. This is true despite unparalleled advances in technology that now make it easier than ever to detect problems.
Radiologic Error Classification
The Kim-Mansfield Radiologic Error Classification System is often used to classify radiology errors. According to this table, the most common ones involve:
- Complacency, or attributing a finding to the wrong causes (also referred to as a false-positive finding.)
- Under-reading or missed findings. With this error, a finding is present but is overlooked. This could be because the radiologist is looking for a different abnormality.
- Prior examination, a situation in which findings are not noticed because of a failure to consult prior reports.
- Poor communication, in which case the radiologist correctly identifies an issue but fails to communicate it to the treating physician.
- Satisfaction of search, which occurs when radiologists miss findings because they fail to continue searching for them after locating an initial abnormality.
Problems with Radiology Testing
Not all radiology mistakes involve interpreting results. Rather, some happen as a result of the testing itself. For example, a radiologist may fail to implement certain safety measures, use equipment incorrectly, or apply too much radiation.
Possible Outcome of Radiology Errors
There’s a lot riding on any radiological test. Your entire course of treatment likely depends on the results of an MRI, CT scan, or X-ray. So naturally even a slight misinterpretation of results can dramatically alter your outcome.
As a result of radiological errors you could be given a clean bill of health when in fact you require more extensive treatment. By the time the mistake is discovered, your disease could be in its advanced stages or possibly even life-threatening. This is often the case with many cancer patients.
Other outcomes are possible as well, including:
- Being denied treatment by your insurance company because the findings do not support a suspected diagnosis.
- Having an incorrect treatment plan that doesn’t really address the issue.
- Undergoing unnecessary surgery, which can lead to needless complications.
- A delay in treatment because the original problem is overlooked or misdiagnosed as being normal.
- Receiving unnecessary treatment for a condition you do not even have.
Proving Radiology Mistakes
It isn’t always easy to prove radiology errors. After all, you trust your radiologist to provide you with professional, accurate results. Accordingly, many people discover them only after having a second opinion.
Seek a second opinion if something about your test just doesn’t feel right. Ask questions if your treatment plan doesn’t provide you with good results, or your condition continues to worsen. Request copies of all tests and written reports, and keep careful documentation of any problems.
It’s not uncommon for radiologists to give their patients the run-around. If you have trouble getting straight answers, please reach out to us. We are often able to achieve results when individuals are seemingly unable to.
What is the Remedy for Radiology Errors?
Radiological errors are a form of medical negligence. Our St. Paul clients who are victims of radiological errors could be entitled to compensation in the way of:
- Medical bills
- Lost wages
- Pain and suffering
In cases of extreme negligence, juries sometimes award punitive damages as well. Punitive damages are intended to deter the same kind of conduct in the future. They involve monetary compensation above and beyond one’s actual losses.
Minnesota is one of the few states that does not have a cap on medical malpractice damages. Instead, each case is decided on its own merits.
Fault Involving Multiple Parties
With radiology malpractice, other medical professionals may also be to blame. These can include the treating physician as well as a hospitalist or other specialist.
When more than one party shares responsibility, judges can determine they have “joint and several liability.” What this means is that if one party cannot pay, the others can be made to cover the damages.
Knowing who is responsible is the key to any successful medical malpractice claim. Unless you are skilled at reading medical reports, you may not be able to prove negligence on your own. Allow an experienced law firm such as ours to assist you with gathering evidence and asserting a claim.
Feel you are a Victim? Contact us for a Consultation
Are you worried you may have been the victim of a radiological error? If so, do not delay reaching out to us.
Minnesota residents have four years from the time of the alleged incident, which is often difficult to pin down. The sooner we begin working on your case, the faster we can determine whether or not your case is within those guidelines. Contact us to see if you have a remedy available under law.
Se habla español