Home › Medical Malpractice › Radiology Errors
Radiology Errors Lawyer in Massachusetts
A missed or misread radiology finding can allow cancer and other serious conditions to go undetected. Attorney Jeffrey C. Lavey holds radiologists and healthcare providers accountable throughout Massachusetts. Free consultation. No fees unless we win.
Radiology Errors and Medical Malpractice
Radiologists bear professional responsibility for the accurate interpretation of imaging studies, X-rays, CT scans, MRIs, ultrasounds, and PET scans, that are central to diagnosing cancer, fractures, vascular abnormalities, organ pathology, and many other conditions. A radiology error, whether a missed finding, a misinterpreted finding, or a failure to communicate a critical finding promptly, can allow serious conditions to go undetected and untreated. Attorney Jeffrey C. Lavey represents patients harmed by radiology errors throughout Massachusetts.
Common Radiology Errors That Cause Harm
- Missed lung nodules that represent early-stage lung cancer on chest X-ray or CT
- Missed breast lesions on mammogram that meet criteria for biopsy
- Missed spinal abnormalities including fractures and disc herniations on MRI
- Missed pulmonary emboli on CT pulmonary angiogram
- Misinterpretation of bone lesions as benign when they represent malignancy
- Failure to report critical findings: such as pneumothorax or aortic dissection: to the ordering physician promptly
- Failure to recommend follow-up imaging when uncertain findings warrant it
The Radiologist’s Standard of Care
Radiologists are specialist physicians who are expected to identify findings that would be recognizable to a competent radiologist with the training appropriate for their specialty. The standard of care requires that findings be reported accurately, completely, and in a manner that communicates the clinical significance of identified pathology to the ordering physician. A radiologist who misses a finding that a competent peer would have identified, or who fails to communicate the urgency of a critical finding, may be departing from the applicable standard of care.
The Treating Physician’s Responsibility
When a radiologist correctly identifies a finding but the ordering physician fails to act on the radiology report, the treating physician may share or bear primary responsibility for the resulting harm. The standard of care requires that ordering physicians review radiology reports and act appropriately on findings. Conversely, if the radiologist incorrectly characterized a finding as benign and the ordering physician reasonably relied on that report, the radiologist may bear the greater portion of responsibility. Attorney Lavey evaluates the conduct of both the radiologist and the ordering physician in every radiology error case.
Compensation for Radiology Error Victims
Compensation in radiology error cases covers the additional treatment required because the condition was not detected at the earliest opportunity: more aggressive cancer treatment when the disease has advanced, more complex fracture management when healing has been compromised, emergency intervention for conditions that required urgent treatment that was delayed. All of these additional costs, along with lost wages and pain and suffering, are compensable from the responsible radiologist and treating providers. Attorney Lavey pursues every element of damages in every radiology error case.
Frequently Asked Questions
Yes, if the cancer was visible on the imaging study and a competent radiologist should have identified it. A radiological finding that is visible in retrospect, when reviewed by an expert, is strong evidence that the radiologist who originally read the study missed a finding that should have been recognized. Attorney Lavey has radiological expert review of the original images performed in every cancer missed on imaging case.
A radiologist who characterizes a suspicious finding as probably benign, without recommending appropriate follow-up or biopsy, may be departing from established radiology reporting standards. The BI-RADS categorization system for breast imaging, for example, provides standardized guidance on when biopsy is recommended. A radiologist who assigns an inappropriately low risk category to a lesion that should have been recommended for biopsy may be liable for the resulting diagnostic delay.
The standard of care requires radiologists to communicate critical findings, findings that require urgent clinical attention, directly to the ordering physician by phone, not simply by written report. A radiologist who identifies a pneumothorax, aortic dissection, or other urgent finding and includes it only in a routine written report without direct physician notification may be departing from the standard of care if delay in treatment results from the failure to communicate urgently.
You may first learn of a potential radiology error when a subsequent imaging study reveals a finding that was present on an earlier study, when a second-opinion radiologist identifies a finding that the original radiologist missed, or when a condition you were diagnosed with later proves to have been visible on earlier imaging. Attorney Lavey has expert radiology review performed in every potential radiology error case.
Attorney Jeffrey C. Lavey — Licensed Massachusetts Attorney
Attorney Jeffrey C. Lavey is licensed to practice law in Massachusetts and has represented clients throughout Middlesex County and Massachusetts for over 37 years. He handles every case personally, no associates, no handoffs. Call (781) 938-1400 for a free consultation.
Book a Free Consultation Today
There Are No Fees Unless We Win.
- 1Complete our simple questionnaire
- 2Schedule a free consultation with Attorney Jeffrey C. Lavey
