Can I Sue for CT Scan and MRI Misreads?
CT scans and MRIs are powerful diagnostic tools that can help you get the care you need as quickly as possible. They may be used to diagnose strokes, tumors, fractures, and internal injuries. But a diagnostic tool is only as good as the practitioner’s ability to interpret it—so what happens if your scan is misinterpreted?
A misread diagnostic scan can derail your medical care, costing you thousands more in medical bills and possibly even resulting in permanent damage. The team of California medical malpractice attorneys at Ewaniszyk Law Firm is led by attorney Richard M. Ewaniszyk, who has helped thousands of clients facing injuries caused by medical malpractice. We understand the pain that comes with being let down by a care provider you trusted, and we’re here to help you demand justice. Set up a consultation at our medical malpractice law firm now by calling us at 760-245-7310.
Common Examples of Misread CT and MRI Scans
There are numerous ways radiologists may misinterpret medical scans. Radiologists are highly educated and go through extensive training before practicing on their own, but this does not mean they don’t make mistakes. In fact, radiologists are one of the most commonly sued medical specialists. Between 2020 and 2022, 19.4% of physicians across all specialties below the age of 55 reported being sued at some point in their career. However, among radiologists, that number was 30.8%—roughly 50% higher. Some of the ways in which scans may be misread include:
- Missing a tumor or mass
- Overlooking signs of internal bleeding, infection, or a stroke
- Misinterpreting spinal injuries and fractures
- Getting unclear readings and failing to follow up on them
These types of errors can have devastating consequences, such as delayed diagnoses, improper treatment, worsening health conditions, and life-threatening complications.
When a Misread Scan Becomes Medical Malpractice
Medical malpractice attorneys hear hundreds of devastating cases every year, and one of the hardest things to accept is that not every medical error is malpractice. Doctors are highly skilled, but they are not infallible. An error escalates to malpractice when a care provider falls short of the standards they are expected to uphold in a way that causes material harm to a patient. Under California law, professional negligence is a negligent act or a failure to act that results in harm to a patient. Negligence is typically broken down into four components:
- Duty of care: The physician must have owed you a duty of care. As a general rule, physicians do have an obligation to their patients to interpret and communicate results accurately.
- Breach of duty: You must be able to show that they fell short in meeting that standard of care, perhaps by overlooking obvious findings or misinterpreting a scan in a way that another professional would not.
- Breach leading to injury: Your medical malpractice lawyer will try to show how the failure to accurately interpret a scan led to your worsened condition or new health condition.
- Material damages: This involves showing that you suffered actual harm as a result of your injuries. This may include financial losses, physical harm, and mental anguish.
If these elements are met, you may have a malpractice claim.
How to Prove Your Case
Proving a medical malpractice claim is incredibly challenging, as this area of law requires both a thorough understanding of medical malpractice law and medicine as a profession. This is why it’s important to work with an experienced medical malpractice law firm. They will:
- Gather your medical records and analyze them thoroughly
- Work with outside radiologists to review your scans
- Consult those radiologists to determine whether or not your doctor’s actions met the standard of care they’re expected to meet
- Prove how your doctor’s delay or mistake led directly to your injuries and damages
If your medical malpractice claim is successful, you may be entitled to significant compensation. Settlements and court awards often compensate patients for medical costs, lost income, pain and suffering, and ongoing medical needs caused by the doctor’s malpractice.
If you suspect that you’ve been a victim of medical malpractice, it’s important to act quickly. In California, you must file your claim against the liable party within one year of discovering the injury or three years of the injury happening—whichever occurs first.
Reach Out to Ewaniszyk Law Firm Today
You trust your doctor to act in your best interest. If they’ve fallen short, you have options—let’s talk about them. Schedule a consultation with our medical malpractice lawyers now by calling us at 760-245-7310 or contacting us online.
Mr. Ewaniszyk was first admitted to practice law in 1982 and he lived and raised his family in the High Desert since 1986. He has successfully represented hundreds of clients each year suffering from serious and catastrophic personal injuries, those accused of criminal offenses, people going through divorce and family law matters, and families facing bankruptcy. Mr. Ewaniszyk has tried many cases in both Federal and State Courts during his extensive career and previously served for five years as the City Attorney for the City of Adelanto. Learn more here.