Radiology Negligence Claims

Radiology is the use of radiation such as x-rays or other imaging technologies (for example ultrasound, computed tomography – CT - or magnetic resonance imaging – MRI) to diagnose or treat diseases. Radiologists are specially trained doctors who interpret imaging.

 

Some radiologists can also perform interventional procedures such as biopsies, angiography (x-ray of arteries or veins) and angioplasty (insertion of a balloon or stent to open a narrowed or blocked artery). Some radiologists have areas of special interest such as neuroradiology or vascular radiology.

Where mistakes are made in radiology practice, these can be serious and may give rise to claims for medical negligence. Examples of potential areas for claims include:

• Missing or misinterpreting an injury or disease on imaging – such as missing a fracture, a tumour which was cancerous or a condition such as cauda equina syndrome.
• Making a mistake in the written report of the imaging so that an injury or disease is missed by other treating doctors.
• Using the incorrect form of imaging – for example an x-ray when an MRI was needed to diagnose a particular injury.
• Medication errors, for example with contract medium (a substance introduced into a part of the body in order to improve the visibility of internal structures during radiography).

If it can be shown that an error by a radiologist led to a delay in diagnosis or treatment of a condition or other problem whereby the patient would otherwise have been in a better position, then a claim may be successful. The amount of compensation will depend upon the type and severity of the injury obtained but may cover future treatment and care costs as well as financial losses such as lost earnings.

If you or a family member is concerned about medical treatment received in this area, please contact us to discuss how we can help.

Your claim - why us

Your case will be investigated by our specialist lawyers, led by a partner. We gather all the relevant evidence and work closely with leading experts including consultant radiologists to assess the strength of a claim.

We then work with further experts to consider a client’s long term needs and the full amount of compensation required. If it is relevant, we will advise upon options to seek funds for early interventions and rehabilitation not available on the NHS where possible.

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

Frequently Asked Questions

Is there a time limit for bringing a radiology negligence claim?

There are strict time limits for bringing a negligence claim for injury in England and Wales.   This is called the limitation period. 

For adults, the usual rule is that a claim must be formally started at Court within three years of the date the negligence occurred, or of the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later). 

If a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.

Where a claim relates to someone’s death, the claim should be started at Court within three years from the date of death or from the ‘date of knowledge’ (if that is later).

There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.

It takes time to investigate a claim, so you should contact us as soon as possible.

 

Can I bring a claim on behalf of a child or a family member who is not able to do it themselves?

If a claim relates to injuries suffered by a child or an adult who does not have ‘mental capacity’; a family member (or other trusted person) can act as a ‘Litigation Friend’ and bring the claim on their behalf.

If you are unsure about whether you can bring a claim on someone else’s behalf, we will be able to advise you.

 

Can claims be brought in relation to private and NHS medical treatment?

Yes. Where treatment was provided through the NHS, the claim is usually brought against the responsible NHS organisation (such as the Hospital Trust or Primary Care Trust). 

Where the treatment was privately funded, the claim is often brought directly against the private hospital, or the private medical practitioner, that provided the treatment.  Hospitals and private practitioners are typically insured or indemnified for negligence claims.

 

What is the process for bringing a claim?

We start by obtaining evidence such as medical records, witness statements, and expert evidence to prove that your condition was worsened by medical negligence. 

We also calculate the amount of compensation that can be claimed.  Typically this involves instructing experienced experts to advise on the additional needs which you now have because of the negligence, in order to maximise the level of compensation. We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for the injury) or their insurer. 

In some cases settlement is agreed at an early stage.  In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read Our Guide to Making a Claim.

 

Will my case be decided by the Court?

Probably not. The vast majority of medical negligence claims are not decided by the Court.

Successful claims are usually resolved by agreement of a settlement either before or during formal Court proceedings. 

Occasionally, the Court will decide a case, if it cannot be resolved any other way.

 

How do I access my medical records?

Medical records are usually the starting point for our investigation of a claim.  With your permission; we request these records directly from the treatment provider(s).

Our clients sometimes wish to obtain copies of the records themselves before deciding whether to begin a claim.  Please see our Guide to Accessing Medical Records for further information on how to request records.

 

Can I make a 'no win, no fee' radiology negligence claim?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not (in almost all cases) have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?

 

Other organisations and resources that may help

• AvMA (Action against Medical Accidents) 
• APIL (Association of Personal Injury Lawyers)