Radiology is a unique area of medical malpractice law in that there is almost always a “picture” that is the basis for the case. Whether it is an x-ray, CT scan, MRI, Mammogram, or other, there is a film or computer record of the diagnostic imaging performed. The picture, though, is also what makes these cases so complex. These images are usually just shades of black, white, and grey. And, while doctors and experienced malpractice lawyers might recognize a spot as an obvious tumor or abnormality, defendants and insurance companies hire unscrupulous experts do defend negligent doctors and tell juries that the missed diagnoses are really just normal structures.
At Kelley/Uustal we have handled all sorts of radiology cases, including failures to diagnose breast cancer on mammography, failures to diagnose tumors (such as brain, lung, bone, and colon tumors), failures to diagnose fractures, failures to diagnose spinal injuries, improper interpretation of cardiac studies, and many, many more.
An example of a radiology case handled by the lawyers at Kelley/Uustal is the case of a gentleman who was in a car accident. A radiology study was performed on his spine, which showed an area where a broken piece of bone was compressing the spinal cord. The study was read as normal. Due to the radiologist’s mistake the man went on to become paralyzed. A confidential settlement was reached.