A radiologist is a medical doctor that specializes in the use of the imaging technologies like x-rays, ultrasound, CT scans and MRIs to diagnose and treat disease. Because a radiologist is a licensed medical doctor he can be held liable as all other licensed medical physicians can be held liable, for acts or failures to act which can be considered instances of medical malpractice or professional negligence. A radiologist report is critically important in diagnosing and treating medical conditions and disease. A primary care or family physician will rely on the radiologist’s report in diagnosing or failing to diagnose and treat early and late forms of deadly cancer, broken bones, internal organ disease and related conditions and the list is virtually almost endless. If the radiologist reads the diagnostic testing in a negligent manner lives can be placed at risk by internists that rely on such reports to treat or hold off on treating conditions.
Elements of a Malpractice Claim
All medical malpractice claims, even those involving a radiologist, require essentially the same five elements for an actionable instance of medical malpractice to exist.
- A duty of care was owed the patient by the radiologist
- That duty of care was breached by radiologist's failure to conform his treatment to the standard of medical care provided by competent radiologists.
- The breach of the standard of care must be shown by expert testimony. In the case of obvious errors such as, “res ipsa loquitur,” the negligent act by the radiologist speaks for itself without additional expert testimony.
- The breach of duty caused either a direct injury or was the proximate cause of an injury to the patient.
- Financial, physical or emotional damages
Physician Assistants
These days’ busy doctors hire themselves “physician assistants” who are often responsible for ordering diagnostic imaging and related radiological testing to then be read by a radiologist who is a licensed physician. Mistakes are being made with deadly results at this particular juncture. The assistant orders the wrong tests at the wrong time providing the radiologist with wrong diagnostic information and a report goes out containing life threatening wrong data to treating physicians.
Getting Legal Help
If you or a member of your family has suffered an injury due to an act or a failure to act by a radiologist it may be helpful to consult with a medical malpractice lawyer. An attorney can review the circumstances the surrounding the injury and the injury and determine if an instance of professional negligence was involved and then take all legal steps available to protect the injured patient’s rights.
