Modern medicine relies on imaging techniques such as X-rays, MRIs, and CT scans to detect internal health problems. When you visit a doctor in the St. Petersburg area, you trust these scans will provide a clear path to recovery.
Unfortunately, if a radiologist misinterprets an image, the results can be life-altering for you and your family. A missed diagnosis often leads to delayed treatment and serious physical harm.
What does radiology negligence entail?
Negligence happens when a health care provider fails to meet the “standard of care” expected of a competent professional. In the world of imaging, this usually means the radiologist did not act as a reasonably careful peer would have in the same situation.
Common examples of this failure include:
- Misinterpretation: Overlooking a tumor, fracture or blood clot that is clearly visible on the scan
- Communication errors: Failing to tell your primary doctor about “urgent findings” that require immediate attention
- Technical errors: Performing a scan poorly, which creates low-quality images that hide a serious diagnosis
These mistakes can prevent you from getting the life-saving care you need. You deserve a health care team that communicates clearly and pays close attention to detail.
Proving a claim under Florida law
To win a medical malpractice case, you must prove duty, breach, causation and actual damages. Florida law, specifically Chapter 766, requires a strict pre-suit investigation before you can even file a lawsuit.
You must obtain a verified written expert opinion from a health care provider in the same specialty (e.g., a radiologist) who has been in active practice or teaching for at least three years preceding the incident. They must testify that your original provider’s work fell below professional standards.
Steps to take if you suspect an error
If you believe a mistake happened, you must act quickly to protect your future. It’s advisable to contact an experienced medical malpractice attorney promptly to review your situation. You can help your case by taking these actions:
- Request records: Get copies of your written reports and the original “DICOM” image files on a CD.
- Seek a second opinion: Have a different facility or specialist review your original scans for accuracy.
- Mind the deadline: Florida has a two-year statute of limitations from discovery, but it is also subject to a “statute of repose” that bars almost all claims four years after the incident, regardless of the discovery date.
Missing these deadlines can permanently end your right to seek justice. Gathering your medical history early helps ensure no details are lost over time.
The value of skilled legal guidance
Radiology errors that lead to medical malpractice claims are among the most technical areas of personal injury law. Due to Florida’s complex pre-suit rules, which require qualified medical witnesses to review your case, having skilled legal representation is essential for a successful outcome. An experienced lawyer can help manage the heavy burden of proof required in these cases.