Radiology Errors in Brooklyn

Legal Guidance for Missed & Misread Diagnostic Imaging

A missed tumor, overlooked fracture, or misread scan can delay necessary care. We represent Brooklyn patients and families pursuing medical malpractice claims involving errors in X-rays, CT scans, MRIs, and other diagnostic imaging.

At Belushin Law Firm, P.C., our attorneys bring nearly 75 years of combined legal experience to these cases. We have recovered millions of dollars for injury victims across Brooklyn and New York City. Our staff assists clients in English, Chinese, Russian, Italian, Spanish, and Ukrainian.

Call (888) 918-9890 for a free consultation about a possible radiology malpractice claim. Virtual consultations are available.

Diagnostic Imaging Errors That May Harm Patients

Radiology errors can occur when a provider misses an abnormality, misunderstands its significance, or assigns imaging results to the wrong patient. An incorrect report alone doesn’t establish a viable claim. The evidence generally must show that the error departed from accepted medical practice and caused compensable harm.

Common imaging mistakes include:

• Missing a fracture, tumor, internal injury, or other visible abnormality
• Misreading an X-ray, CT scan, or MRI
• Describing a malignant tumor as benign
• Mixing up imaging studies or reports between patients
• Failing to communicate a significant finding to the appropriate provider

Perception errors: A radiologist fails to identify an abnormality that a competent radiologist would have seen under similar circumstances. Examples include an overlooked mass on a CT scan or a fracture not noted on an X-ray.

Interpretation errors: A radiologist sees an abnormality but misidentifies its significance. For example, a radiologist may recognize a lesion yet characterize it as benign when the imaging indicates possible malignancy.

Either type of radiology misread can delay diagnosis and treatment for conditions such as cancer, stroke, appendicitis, or heart attack. Determining whether the delay changed the medical outcome requires reviewing the imaging, treatment chronology, and supporting medical opinions.

What a Radiology Malpractice Claim Must Establish

A claim generally requires proof of four elements: a professional duty of care, a departure from the applicable standard of care, causation, and damages. The standard of care reflects the skill and judgment reasonably expected from a qualified medical provider under comparable circumstances. Causation connects the provider’s error to the patient’s injury or worsened condition.

Qualified medical testimony is typically needed to explain the departure from accepted practice and the resulting harm. The reviewing professional may compare the original imaging and radiology report with later studies, pathology findings, and the patient’s clinical history.

Responsibility may involve one or more parties, depending on the records and each provider’s role:

• The radiologist who interpreted the study
• The hospital or imaging facility that performed or managed the examination
• The referring physician who ordered the imaging or received the results

An investigation may examine who ordered, performed, interpreted, communicated, and acted on the results. When supported by the evidence, compensatory damages can address medical costs, lost wages, and pain and suffering. New York doesn’t cap compensatory damages in these cases, but a claim’s value depends on its specific facts and documented losses.

Filing Deadlines for Radiology Error Claims

Under CPLR 214-a, a malpractice action generally must be filed within two years and six months. That period usually runs from the alleged act or omission or from the end of continuous treatment for the same illness, injury, or condition. Determining when continuous treatment ended can require a detailed review of appointments, providers, and the purpose of ongoing care.

Lavern’s Law provides a discovery-based rule for failure to diagnose cancer or a malignant tumor. The filing period may run for two years and six months from when the error was discovered or reasonably should have been discovered, subject to a seven-year limit from the alleged malpractice.

Different timing rules apply to claims involving foreign objects and injured minors. A lawsuit also generally requires a certificate of merit confirming that an attorney consulted an appropriately licensed medical professional or that specified circumstances prevented consultation before filing.

Claims involving New York City public hospitals can have substantially earlier requirements. A Notice of Claim is generally due within 90 days, and the deadline for filing a lawsuit is shorter than the period that typically applies to private-hospital claims. These rules provide general information, not case-specific advice, so prompt legal review is important.

Reviewing Claims from Brooklyn Hospitals

We’re familiar with care involving NYC Health + Hospitals/Kings County, Maimonides Medical Center, NYU Langone Hospital Brooklyn, NewYork-Presbyterian Brooklyn Methodist Hospital, The Brooklyn Hospital Center, Brookdale Hospital Medical Center, and Interfaith Medical Center. Private-hospital malpractice cases arising in Brooklyn are generally litigated in Supreme Court, Kings County.

A claim review typically begins with the imaging studies, radiology reports, medical records, and treatment chronology. We examine the relationship between the missed or incorrect diagnosis and the patient’s later condition, including when another provider recognized the problem, what treatment followed, and whether an earlier diagnosis could have changed the course of care.

Our investigation also identifies the people and entities involved at each stage of the imaging process. We advance case costs for clients, including qualified medical witness fees. Advancing these costs is separate from determining whether the evidence supports a claim.

Discuss a Possible Radiology Error with Our Attorneys

Patients and families can contact us about a missed finding, delayed diagnosis, or imaging report that conflicts with later medical information. During a free consultation, including a virtual consultation, we can explain how the applicable deadlines and evidentiary requirements may affect the case.

Our phone and online contact options provide a way to share the circumstances and learn which records may be needed for further review. A consultation can clarify the available legal options but doesn’t determine the outcome of a claim.

Call (888) 918-9890 to request a free consultation with Belushin Law Firm, P.C. about a possible Brooklyn radiology malpractice claim.