California Radiology Error Attorney

What Damages Are Recoverable in a Radiology Error Lawsuit? 

Patients may be entitled to various forms of compensation in a radiology error lawsuit. These generally fall into two primary categories:

• Economic damages for direct financial losses, such as medical expenses, lost wages, rehabilitation costs, and loss of future earning capacity. These damages are quantifiable, meaning there are clear records (such as bills or pay stubs) to prove them.
• Non-economic damages for subjective losses, such as pain and suffering, loss of enjoyment of life, and emotional distress. While these damages are less straightforward to calculate, they are equally important in recovering comprehensive compensation.

While less common, punitive damages may also be awarded in cases involving exceptionally reckless or intentional misconduct. Unlike other damages intended to compensate victims directly, punitive damages are solely awarded to punish the responsible party and deter repeat behavior in the future. 

No matter the severity of your injuries, seeking sound counsel is paramount to pursuing the maximum amount of compensation available to you. Our attorney can work diligently to calculate the full scope of damages and assess every avenue for financial recovery to pursue a comprehensive settlement for all your current and future care needs.

Who Is Liable for a Radiology Error?

Various parties may be liable for damages in a radiology error lawsuit, depending on who was responsible for the mistake and whether their actions fell below the accepted standard of care. Some potentially liable parties include:

Radiologists

The radiologist may be responsible if their negligence resulted in harm to the patient, such as failing to detect an abnormality on imaging tests, misreading test results, or miscommunicating findings.

Referring Physicians 

A primary care doctor (PCP) may be liable if they failed to act on radiology results, did not order appropriate imaging, or misinterpreted the radiologist’s report.

Radiology Technicians 

Radiology techs who operate imaging equipment may be liable for a radiology error if they capture poor-quality images, use incorrect settings, or fail to follow physician instructions. 

Hospitals & Healthcare Facilities

Hospitals and medical facilities may be liable if the radiology error results from systemic issues, such as inadequate training, outdated equipment, or poor communication protocols. 

Teleradiology Companies 

If a third-party teleradiology service was used and a misdiagnosis occurred, the company and its radiologists may share liability for damages. 

Proving Liability in a Radiology Error Lawsuit

Proving liability in a radiology error lawsuit is a complex but essential step to recovering compensation. The patient bears the burden of proof in these cases, meaning you are responsible for proving liability by a preponderance of the evidence. In other words, you must establish that the defendant’s negligence “more likely than not” caused your injuries. This process requires careful legal analysis and evidence, making it crucial to work with a skilled lawyer. 

Fortunately, our attorney has a deep understanding of California medical malpractice laws to identify negligent parties and fight to hold them accountable. We can help you meet the burden of proof by demonstrating these four key elements: 

1. Duty of care. The radiologist or provider had a legal obligation to provide care consistent with the accepted standard of practice in their field.
2. Breach of duty. The provider failed to meet their duty by acting negligently, such as misinterpreting imaging results or overlooking critical findings. 
3. Causation. The breach of duty caused direct harm to the patient and is the proximate cause of their injuries.
4. Damages. The patient suffered measurable harm as a result of the radiology error, such as additional medical costs, lost income, or pain and suffering.