X-Ray Misinterpretation and Medical Malpractice

You’ve been feeling a pain in your chest for weeks. Finally, you make an appointment for an X-ray at your local hospital. The radiologist examines your X-ray and says, with confidence, that all is well. Feeling unsure about that pronouncement, you seek out a second opinion the following week. The radiologist identifies congestive heart failure, which the first radiologist failed to diagnose. Is there a case for medical malpractice here?

Medical malpractice relating to X-rays can occur when a radiologist provides substandard care when reviewing your X-ray, and the misinterpretation of the X-ray results in an incorrect diagnosis or inappropriate treatment. Considering the critical nature of the role of an X-ray, even a single error in interpretation can present serious consequences.

The response to the question “How often are radiologists wrong?” is unsettling. According to the National Institutes of Health, errors and discrepancies in radiology practice are “uncomfortably common, with an estimated day-to-day rate of 3-5% of studies reported, and much higher rates in targeted studies.” While the percentage seems low, given the number of patients who need radiological interpretation, there is a significant number of people who are, therefore, at risk of misdiagnosis, delayed treatment, or improper care.

The failure to interpret an X-ray accurately is critical to the diagnostic process. X-rays are used to reveal heart conditions, tumors, infections, and broken bones. Without a properly read and interpreted X-ray, it’s not possible to develop the correct treatment plan. Furthermore, accurate X-ray interpretation can prevent patients from undergoing unnecessary procedures, saving them from physical distress, financial burdens, and emotional turmoil. In situations where there was a misdiagnosis or failure to properly diagnose, due to an incorrectly read X-ray, this can lead to inappropriate treatment, or lack of treatment, potentially causing the patient’s condition to worsen. In serious cases such as cancer or heart conditions, these delays can be life-threatening.

Is it Malpractice?

Malpractice occurs when a patient’s standard of care falls below the community standard. To prevail on a medical malpractice claim in Florida, a plaintiff must prove the following four elements:

• The physician had a duty of care to the patient.
• The physician breached the duty of care.
• The breach of the duty resulted in injury.
• The injury is compensable.

The first element – that the physician had a duty of care – is implicit in all instances in which the doctor is your doctor. That is, a professional doctor-patient relationship exists. The second element, a breach of the duty of care, is proven by evidence that the care was substandard. This could include a failure to diagnose, a misdiagnosis, or another diagnostic error. The third element – that the breach of the duty resulted in injury – is often the most difficult to prove. The opposing side will likely argue that your injuries were caused or contributed to by someone or something else. Finally, the fourth element you must prove is that the damages from the injury are more than “de minimis.”

If you are able to prove your case, you will be able to obtain monetary damages. These include the following three categories:

• Economic Damages – These damages will compensate you for the out-of-pocket expenses you have incurred, such as lost wages, medical expenses, prescription drugs, rehabilitation, home health care, and similar costs.
• Non-economic Damages – These damages are often difficult to quantify, but include such things as pain and suffering, intentional infliction of emotional distress, loss of consortium or companionship, and similar damages.
• Punitive Damages – In Florida, a patient can receive punitive damages if the medical provider’s behavior was intentional or particularly egregious. This can occur in very rare situations.

Contact Osborne, Francis & Pettis

If you think that you or a loved one has been the victim of medical malpractice recently in Florida, it is important to contact a Fort Lauderdale medical malpractice attorney or Orlando medical malpractice attorney at Osborne, Francis & Pettis right away. The statute of limitations in Florida is two years from the date of the malpractice, or the date you discovered or should have discovered the malpractice. Preparing for a case is complicated and time-consuming and is included in this timeframe, so don’t delay.

Medical malpractice is a sensitive and complicated area of personal injury law. We have decades of experience successfully guiding our clients through their medical malpractice claims. Contact us for a free consultation to see how we may be able to help you.