Misread X-Ray, MRI, and Ultrasound Malpractice Lawyer Chicago

What is Radiology Malpractice?

Radiology malpractice occurs when a radiologist or other medical professional misinterprets imaging results, fails to report critical findings, or communicates findings in a way that causes a patient to be misdiagnosed, undertreated, or not treated at all.

Radiologists are specialists. They hold medical degrees and receive years of additional training specifically in the interpretation of diagnostic images. Illinois holds them to a high professional standard. When their reading of an X-ray, MRI, CT scan, or ultrasound falls below that standard and a patient is harmed, a malpractice claim may exist.

The radiologist is not always the only responsible party. The ordering physician, the hospital, and the clinical team that acts on the radiologist’s findings can all carry legal liability depending on where the failure occurred.

How Common Are Radiology Errors in Chicago?

More common than patients realize.

According to the National Institutes of Health, radiology is one of the medical specialties most frequently subject to malpractice claims. Failure to diagnose accounts for roughly 40 to 54 percent of all radiology-related malpractice cases. Studies have found that nearly one in three radiologists will face a malpractice lawsuit at some point in their career.

A 2011 analysis found that radiology errors resulted in patient harm at a rate seven times higher than medication errors. The reason is straightforward. The radiologist’s interpretation is the foundation on which treatment decisions are built. When that foundation is wrong, everything that follows is wrong.

About 75 percent of malpractice lawsuits against radiologists involve failure to diagnose or failure to communicate findings to the treating physician. These are not fringe cases. They represent the standard pattern of radiology negligence in Illinois and across the country.

Types of Imaging Errors That Lead to Malpractice Claims

X-Ray Errors

X-rays are among the most commonly ordered diagnostic tools in medicine. They are used to identify fractures, infections, tumors, and lung conditions. They look simple. Reading them correctly is not.

X-ray malpractice commonly involves:

• Missed fractures, particularly in the spine, wrist, or ankle
• Failure to identify a lung mass or tumor
• Misreading a chest X-ray as normal when an abnormality is visible
• Missing signs of infection or pneumonia
• Failing to identify foreign objects after surgery

One of the most litigated X-ray errors involves lung cancer. A visible mass on a chest X-ray is dismissed as an artifact or marked as unremarkable. The patient is told nothing is wrong. Months later, they return with worsening symptoms. The cancer has spread. What was treatable is now terminal.

MRI Errors

MRI imaging provides detailed pictures of soft tissue, the brain, the spine, and internal organs. It is used to diagnose stroke, brain tumors, spinal injuries, internal bleeding, and soft tissue damage.

MRI errors are particularly dangerous because the conditions they are designed to detect often progress rapidly without treatment.

Common MRI malpractice includes:

• Missed brain bleed or hemorrhagic stroke
• Failure to identify a spinal cord injury or compression
• Overlooking a tumor in the brain, spine, or soft tissue
• Misreading findings related to multiple sclerosis or other neurological conditions
• Delayed reading that causes treatment to begin too late

When a radiologist fails to promptly report critical MRI findings to the treating physician, the delay alone can constitute negligence. Hours matter in stroke care. A missed brain bleed identified on an MRI but not reported for twelve hours can mean permanent disability or death.

CT Scan Errors

CT scans provide cross-sectional images of the body and are used in emergency settings to identify internal injuries, bleeding, blood clots, and organ damage quickly.

CT scan errors in malpractice cases frequently involve:

• Missed internal bleeding after trauma
• Failure to identify a pulmonary embolism (blood clot in the lungs)
• Overlooked bowel injury or perforation
• Missed signs of sepsis or abdominal infection
• Failure to identify appendicitis before rupture

CT scans are often ordered when a patient presents to the emergency room with serious symptoms. A misread CT scan in that setting can send a patient home with a life-threatening condition that providers failed to see.

Ultrasound Errors

Ultrasound is used in obstetrics, cardiology, abdominal imaging, and vascular studies. It is one of the most widely used diagnostic tools in medicine.

Ultrasound malpractice includes:

• Failure to identify fetal abnormalities during prenatal care
• Missed ectopic pregnancy
• Failure to detect gallbladder disease or gallstones
• Overlooked ovarian or testicular abnormalities
• Missed cardiac abnormalities in prenatal or cardiac ultrasound
• Failure to identify deep vein thrombosis in vascular studies

Obstetric ultrasound errors carry a particular weight. A radiologist who fails to identify or disclose a fetal abnormality visible on imaging deprives the family of the ability to make informed decisions about their care and the pregnancy.

Mammogram Errors

Mammography is the primary screening tool for breast cancer. Missing cancer on a mammogram is one of the most common and most devastating forms of radiology malpractice.

Breast cancer identified at stage one has a survival rate above 99 percent. Breast cancer identified at stage four has a survival rate below 30 percent. The difference, in many cases, comes down to whether a radiologist correctly read a mammogram.

Mammogram malpractice involves:

• Failure to identify a suspicious mass or calcification
• Mischaracterizing an abnormality as benign without adequate follow-up
• Failure to recommend biopsy when imaging indicates one is needed
• Missing cancer on a screening mammogram while it was visible

PET Scan and Nuclear Medicine Errors

PET scans are used to detect cancer, evaluate heart conditions, and assess neurological disorders. Errors in reading these scans can delay cancer treatment or lead to incorrect staging that results in under-treatment.

Why Do Radiology Errors Happen?

High volume and rushed interpretations. Radiology departments in large hospital systems process enormous numbers of images daily. Studies have found that radiologists who read lower volumes of a particular type of scan make more errors. When a radiologist is working too fast, fatigue and inattention increase.

Lack of experience or inadequate training. A radiologist who has limited experience reading a specific type of scan, or who lacks adequate training in a subspecialty area, may fail to recognize an abnormality that a more experienced reader would catch.

Failure to review clinical context. A radiologist who does not review the patient’s clinical history, prior imaging, and the ordering physician’s notes before interpreting a scan may miss findings that only become clear in context.

Poor image quality or equipment problems. Substandard imaging equipment, improper patient positioning, or inadequate contrast protocols can produce images that are harder to read. When the radiologist proceeds without flagging the quality issue and requesting a repeat, errors follow.

Communication failures. Radiology malpractice does not always stem from a misread image. It can occur when a radiologist identifies an abnormality and fails to communicate it clearly to the treating physician, fails to document it properly, or reports it in language that minimizes its significance.

Wrong patient scans. Mislabeled images or scans read for the wrong patient result in incorrect diagnoses that direct treatment toward conditions the patient does not have.

Who Can Be Held Liable for a Misread Scan in Illinois?

Liability in radiology malpractice cases is not always limited to the radiologist.

The radiologist who read and interpreted the image carries primary responsibility for errors in diagnosis or reporting.

The ordering physician may be liable if they failed to order appropriate imaging in the first place, failed to act on findings that were reported, or failed to follow up on inconclusive results.

The hospital or radiology practice may be liable for systemic failures including inadequate staffing, faulty equipment, poor quality control protocols, or failure to ensure radiologists are properly credentialed and trained.

The clinical team that receives a radiology report and fails to act on abnormal findings may also carry liability if their inaction contributed to patient harm.

Illinois law allows all responsible parties to be named in the same lawsuit. Your attorney will trace the full chain of events from the imaging order through interpretation, communication, and clinical response to identify every point of failure.

Conditions Most Commonly Missed in Radiology Malpractice Cases

Cancer. Missed or delayed cancer diagnosis is the most frequently litigated category of radiology malpractice. Lung cancer on chest X-ray, breast cancer on mammogram, and colon or abdominal cancer on CT are the most common. Early-stage cancer is treatable. Advanced-stage cancer often is not.

Stroke and brain bleeding. An unread or misread MRI in a patient presenting with neurological symptoms can mean the difference between full recovery and permanent disability.

Pulmonary embolism. A blood clot in the lungs is a medical emergency. A misread CT pulmonary angiogram that sends a patient home with an undetected embolism can be fatal.

Spinal injuries. Missed fractures or cord compression on X-ray or MRI can result in paralysis when the patient is moved or treated without appropriate precautions.

Internal bleeding. A missed hemorrhage on CT after trauma can cause a patient to deteriorate rapidly after discharge.

Appendicitis. Appendicitis visible on CT that is not identified can progress to perforation and life-threatening peritonitis.

Fetal abnormalities. Conditions detectable on prenatal ultrasound that are missed or not disclosed deny families the ability to prepare for or make decisions about their care.

What Must Be Proven in an Illinois Radiology Malpractice Case?

To succeed in a radiology malpractice claim in Illinois, four elements must be established:

Duty of care. The radiologist or medical professional owed a duty of care to the patient as part of a treatment relationship.

Breach of that duty. The radiologist’s reading, reporting, or failure to act fell below the standard that a competent radiologist in the same specialty would meet under the same circumstances.

Causation. The breach caused harm to the patient. The misread scan led to a delayed diagnosis, missed treatment, worsening condition, or unnecessary procedure.

Damages. The patient suffered actual harm, including physical injury, additional medical treatment, lost wages, pain and suffering, or death.

Illinois law under 735 ILCS 5/2-622 also requires that a qualified healthcare professional review the case and certify that reasonable grounds exist for the claim before a lawsuit is filed. This is why working with an experienced malpractice attorney from the start matters. The pre-filing requirements are significant, and meeting them correctly is part of building a strong case.

Radiology Malpractice Verdicts and Settlements in Illinois

Illinois courts have seen significant verdicts in radiology malpractice cases.

A Chicago law firm settled a case for $3.6 million on behalf of the family of a 29-year-old man who died after a suburban Chicago radiologist misread an X-ray and missed a large tumor growing in his body. Cases involving post-surgical infection and septic shock related to missed findings have reached verdicts of $49.5 million in Illinois courts. Delayed lung cancer diagnosis cases have produced record verdicts in Cook County.

These numbers reflect the severity of harm that flows from a single misread image. They also reflect what Illinois juries are willing to award when negligence is clearly established.

Illinois Filing Deadlines for Radiology Malpractice Claims

Illinois law sets strict deadlines for medical malpractice claims under 735 ILCS 5/13-212.

Two-year discovery rule. You generally have two years from the date you discovered, or reasonably should have discovered, that a radiology error caused your harm to file a claim.

Four-year statute of repose. No claim can be filed more than four years after the date of the negligent act, regardless of when you discovered the injury. This is the rule that catches people off guard. If you discover a radiology error three years after it occurred, you may have less time than you think.

Minor exceptions. If the patient was under 18 at the time of the error, different deadlines apply. Claims may be brought up to eight years after the negligent act, but not after the patient’s 22nd birthday.

Do not assume you have more time than you do. The four-year repose period is absolute for adult claims. Contact an attorney as soon as you suspect a radiology error contributed to your harm.

Frequently Asked Questions: Radiology Malpractice in Chicago

What is the most common type of radiology malpractice?

Failure to diagnose. Studies show that between 40 and 54 percent of radiology malpractice cases involve a radiologist who failed to identify an abnormality that was visible on the image. Cancer misses on chest X-rays and mammograms are the most frequently litigated examples.

Can I sue if a radiologist missed something on my scan but another doctor later caught it?

Yes. The fact that a later provider caught the error does not erase the harm caused by the delay. If your condition worsened, if you required more aggressive treatment, or if your prognosis changed because of the missed finding, you may have a valid claim against the radiologist who missed it.

What if the treating doctor ordered the wrong type of scan?

That can also be malpractice. If the ordering physician ordered an imaging study that was insufficient to detect the condition at issue, and a different or additional study would have revealed it, the ordering physician may share liability alongside or instead of the radiologist.

Can a hospital be sued for a radiologist’s error?

Yes, in many cases. If the radiologist was employed by the hospital or acting as the hospital’s agent, the hospital can be held vicariously liable. Hospitals can also face direct liability for systemic failures including understaffing, inadequate equipment, and failure to supervise.

What if I was told my scan was normal but cancer was later found?

This is one of the most common fact patterns in radiology malpractice. If your scan was read as normal and cancer was subsequently identified that was visible on the earlier image, you may have a strong claim. An independent expert review of both scans can establish whether the earlier reading fell below the standard of care.

How long does a radiology malpractice case take in Illinois?

Most malpractice cases settle before trial, but the process typically takes one to three years. Cases that go to trial take longer. Starting the investigation early, obtaining medical records quickly, and working with qualified expert reviewers all improve outcomes.

Do I need a medical expert to file a radiology malpractice case in Illinois?

Yes. Illinois law requires that a qualified healthcare professional review the case and certify that reasonable grounds exist before a lawsuit can be filed. Phillips Law Offices works with independent medical experts who review imaging records and provide the opinions needed to build and support your claim.

What if the radiologist identified the abnormality but did not communicate it to my doctor?

That is a recognized form of malpractice. A radiologist has a duty to communicate critical findings clearly and promptly. Failure to do so, even when the finding was technically identified, can cause the same harm as a complete miss.

Talk to a Chicago Radiology Malpractice Lawyer Today

A misread scan can set off a chain of events that takes years to unfold. By the time you understand what happened, significant time may have passed. That is exactly why speaking with an attorney early matters.

Phillips Law Offices reviews radiology malpractice cases throughout Chicago and Illinois. We obtain your imaging records, have them independently reviewed by qualified medical experts, and give you an honest assessment of whether the care you received met the accepted standard.

No fees unless we win. The consultation is free.

Call (312) 346-4262 today.

Phillips Law Offices
Chicago Medical Malpractice Attorneys
Serving Cook County, DuPage County, Will County, Kane County, and communities throughout Illinois.