Radiologists are highly trained medical professionals responsible for analyzing and interpreting imaging tests such as X-rays, CT scans, MRIs, and ultrasounds to identify abnormalities. When radiologists are negligent in this vital role, the consequences for patients can be devastating, potentially leading to misdiagnosis or delayed diagnosis of serious conditions like cancer or aneurysms.
Settlement
Jury Verdict
Settlement
Settlement
According to recent studies, radiologists have a 50% likelihood of being named in at least one malpractice lawsuit by age 60. National survey data shows that 71% of radiologists have been named in a malpractice lawsuit, ranking radiology as the ninth most-sued medical specialty. In New York specifically, radiologists face the highest rate of malpractice suits per 100 practice-years compared to those in any other state.
Diagnostic errors occur at a rate of 14.83 claims per 1000 person-years in radiology and are found in 3-5% of radiological studies, potentially affecting millions of patients annually. When radiology malpractice cases result in indemnity payments, the national average settlement is $452,240 per claim, higher than the combined average across all medical specialties.
If you or a loved one have been harmed by radiology malpractice in New York, the medical malpractice attorneys at the Porter Law Group can help you seek the compensation you deserve.
The Porter Law Group has decades of experience in dealing with medical negligence cases and securing substantial compensation for victims. We understand the complex nature of radiology cases and the devastating impact that diagnostic errors can have on patients and their families.
Recent significant radiology malpractice awards demonstrate the substantial compensation available, including a $120 million verdict in Westchester County for a delayed stroke diagnosis and a $14.3 million settlement for a missed breast cancer diagnosis. Notably, nearly 50% of radiology malpractice claims involve patients treated in emergency departments, where urgent decision-making and high stress increase the risk of mistakes.
We work on a contingency fee basis, so there are no fees unless we win your case. Call us today at 833-PORTER9 or email info@porterlawteam.com for a free consultation about your case.
Radiology malpractice most commonly arises from diagnostic errors, which account for approximately 75% of all lawsuits against diagnostic radiologists. Radiologists may commit malpractice in several ways:
Observer Errors - The most frequent type, including:
Specific Diagnostic Failures:
Communication Failures:
Procedural Complications:
Breast Imaging: Breast-related imaging findings account for 4.13 claims per 1000 person-years, making it the most common cause of organ-related misdiagnosis subject to malpractice suits.
Lung Cancer Detection: Most overlooked lung cancers on chest radiographs are solitary pulmonary nodules, with missed cancers usually having a substantial upper lobe predilection.
Interventional Radiology: Vascular procedures account for 35% of interventional radiology malpractice cases, with embolization procedures (30%), stenting/angioplasties (21%), and diagnostic arteriography (18%) being most common.
Radiology tests are critical for diagnosis and treatment planning. A "real-time" error rate among radiologists averages 3-5%, though retrospective review shows that abnormalities were identifiable in up to 90% of chest radiographs and 75% of mammograms where cancer was subsequently diagnosed.
Mistakes by a radiologist could lead to devastating consequences including:
This is especially egregious in cancer cases because late diagnosis often results in decreased survival rates and the need for more intense treatments with higher likelihoods of side effects. While CT scans, MRIs, and ultrasounds may not cause immediate harm, radiology errors can result in treatment delays that lower survival rates or necessitate invasive treatments like resections, hysterectomies, and amputations.
New York does not cap damages in medical malpractice lawsuits, meaning plaintiffs can seek full compensation without statutory limitations. If radiology malpractice can be successfully established, you may be entitled to financial compensation for:
To establish radiology malpractice in New York, plaintiffs must prove four essential elements:
About 70% of radiology litigation cases that go to trial are decided in favor of the radiologist, making expert testimony crucial. It usually takes testimony from an expert witness to prove that a radiologist was negligent in interpreting imaging studies.
Financial compensation for radiology malpractice can be claimed if the following is proven:
However, if the outcome would not have changed, such as in advanced-stage cancer cases, compensation may not be awarded.
Radiology malpractice claims in New York are subject to two years and six months (30 months) from the date of the alleged malpractice or from the end of continuous treatment for the same condition. This timeframe applies uniformly to all radiology specialties, including diagnostic radiology, interventional radiology, and radiation oncology.
Enacted in 2018, Lavern’s Law allows additional time to file in cases involving cancer misdiagnosis. It gives patients 2.5 years from the date the misdiagnosis is discovered, with a maximum cap of seven years from the malpractice event. This law is particularly relevant to radiologists who frequently encounter suspicious masses, nodules, and other potential malignancies.
All radiology malpractice complaints in New York must be accompanied by a Certificate of Merit. This certificate must certify that the plaintiff's attorney consulted with at least one licensed physician who concluded that the case has merit and that the healthcare provider deviated from acceptable medical practices.
Q: What percentage of radiologists get sued for malpractice?
According to recent studies, 71% of radiologists have been named in a malpractice lawsuit, making radiology the ninth most-sued medical specialty. The likelihood of being a defendant in at least one suit is 50% by age 60.
Q: How long do I have to file a radiology malpractice lawsuit in New York?
Generally, you have 2.5 years from the date of malpractice. For cancer misdiagnosis cases, Lavern's Law extends this to 2.5 years from discovery, with a seven-year overall cap.
Q: What is the most common type of radiology malpractice?
Diagnostic errors, which make up 75% of all radiology malpractice lawsuits. Missed findings occur in 42% of cases, and failing to continue searching after one abnormality is found occurs 22% of the time.
Q: Can I sue if my radiologist missed cancer on my scan?
Yes. If a competent radiologist should have seen it, you may have a claim. Breast-related imaging claims occur at 4.13 per 1,000 person-years, the highest among organ-specific errors.
Q: How much can I recover in a radiology malpractice case?
New York has no damage caps. Recent cases include $120 million for delayed stroke diagnosis and $14.3 million for missed breast cancer. Cancer cases typically range from $1-15 million depending on the stage when eventually diagnosed.
Q: What if my radiologist failed to communicate critical results?
Communication failures are a significant cause of malpractice. These occur at a rate of 0.71 claims per 1,000 person-years and often result in delayed or missed treatment.
Q: Can I sue for complications during an interventional radiology procedure?
Yes. Procedural complications are the second most common category after diagnostic errors. Vascular procedures account for 35% of interventional radiology malpractice cases.
Q: What if multiple doctors were involved in interpreting my scans?
You can potentially sue multiple providers. About 58% of radiology malpractice cases involve multiple parties, versus 13% where the radiologist is the sole defendant.
Q: Do I need an expert witness for my radiology malpractice case?
Yes. New York requires a Certificate of Merit from a qualified physician, and expert testimony is essential. The expert must be able to review original films and identify where the interpretation went wrong.
Q: What if my emergency room scan was misread?
Nearly half of all radiology malpractice claims involve patients treated in the emergency department, where time pressures create elevated risk scenarios. These cases are often successful if clear errors can be demonstrated.
Injured by Medical Malpractice in New York?
Reach out to our experienced team for a free consultation.
The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.
Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.
You only get one chance to hire the best lawyer for you and your family. Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results.
When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.
Medical malpractice cases, including radiology malpractice, are highly complex, especially in New York State. You cannot simply show that you were injured or that your condition worsened to receive compensation. Determining liability requires thorough investigation, and pursuing a claim needs deep knowledge of the documentary and filing requirements, as well as the statute of limitations set by law.
Most radiology malpractice cases settle out of court before reaching trial, with about 42% of radiologists reporting that their malpractice suit was settled before trial. You will need the help of a qualified medical practitioner who can evaluate your medical records and test results, attest to the veracity of your radiology malpractice claim, and testify on your behalf.
At The Porter Law Group, we work with board-certified medical professionals who can give you the help you need. Our experienced medical malpractice lawyers will put their skills and experience to work, ensuring that whoever is liable for injuries is held accountable. We are dedicated to fighting for maximum compensation for radiology malpractice victims and their families throughout New York State.
If you suspect medical imaging errors played a role in a missed diagnosis or poor outcome, call us at 833-PORTER9 or email info@porterlawteam.com to discuss your options in a free, no-obligation consultation. We have the experience and resources to hold negligent radiologists accountable. Focus on your recovery, and let us put our skills to work for you.
*Prior results do not guarantee a similar outcome.
Avoid sharing confidential information via contact form, text, or voicemail as they are not secure. Please be aware that using any of these communication methods does not establish an attorney-client relationship. *By appointment only.
The information contained on this site is proprietary and protected. Any unauthorized or illegal use, copying, or dissemination will be prosecuted to the fullest extent of the law. All content on this site is provided for informational purposes only. It is not, nor should it be taken as medical or legal advice. None of the content on this site is intended to substitute for medical advice, diagnosis, or treatment. Attorney Advertising.
We serve clients in every city and county in New York State. These include places like: The Adirondacks, Albany, Alexandria Bay, Amsterdam, Astoria, Auburn, Ballston Spa, Batavia, Beacon, Binghamton, Brooklyn, Buffalo, Canandaigua, Carthage, Cattaraugus, Catskill, Cayuga Lake, Cazenovia, Chelsea, Clayton, Clifton Park, Cobleskill, Colonie, Cooperstown, Corning, Cortland, Delhi, Delmar, Dunkirk, East Aurora, East Hampton, Elmira, Fayetteville, Finger Lakes, Flushing, Fredonia, Fulton, Garden City, Geneva, Glen Cove, Glens Falls, Gloversville, Gouverneur, Great Neck, Greenwich Village, Hamilton, Hammondsport, Harlem, Haverstraw, Hempstead, Herkimer, Hornell, Hudson, Huntington, Ilion, Ithaca, Jamaica, Jamestown, Johnstown, Kingston, Lake George, Lake Placid, Lewiston, Little Falls, Liverpool, Lockport, Long Island City, Lowville, Malone, Manhattan, Manlius, Massena, Medina, Middletown, Monticello, Montauk, Mount Vernon, New Paltz, New Rochelle, Newburgh, Niagara Falls, North Tonawanda, Norwich, Nyack, Ogdensburg, Old Forge, Olean, Oneida, Oneonta, Ossining, Oswego, Penn Yan, Peekskill, Plattsburgh, Port Chester, Potsdam, Poughkeepsie, Queens, Rhinebeck, Riverhead, Rochester, Rome, Rye, Sag Harbor, Saranac Lake, Saratoga Springs, Schenectady, Seneca Falls, Seneca Lake, Skaneateles, SoHo, Southampton, Spring Valley, Staten Island, Stony Brook, Suffern, Syracuse, Tarrytown, The Bronx, Thousand Islands, Ticonderoga, Troy, Tupper Lake, Utica, Warsaw, Waterloo, Watertown, Watkins Glen, Wellsville, White Plains, Williamsburg, Woodstock, Yonkers, and many more communities throughout New York State.
Copyright © 2025, Porter Law Group. Personal Injury Lawyers
Made with 💛 by Gold Penguin
