Rockford Radiological Errors Lawyer

Rosenfeld Injury Lawyers LLC Team

Representing Rockford Residents Harmed by Radiological Errors

Rockford radiological errors lawyer services are an invaluable way to get maximum compensation from your medical malpractice case. With our assistance, you can hold radiologists and other healthcare professionals accountable for their failures to provide excellent medical care. Contact us today for a free consultation about your legal rights.

Verdicts and Settlements from Our Radiological Error Cases in Rockford

  • $5,000,000: Failure to diagnose lung cancer
  • $3,000,000: Stillbirth settlement for failure to diagnose and monitor
  • $1,680,000: Lab error

Types of Radiological Errors

Radiology errors can take a variety of forms, including:

  • Perceptual Errors: These happen when the radiologist misinterprets the results, such as identifying a tumor as a benign growth.
  • Failure to Communicate: Radiologists should always inform patients and their doctors of any significant results, but they may fail to do so.
  • Technical Errors: Hospital systems are responsible for ensuring all their machines are in perfect form. These errors can implicate both the radiologist and the hospital.
  • Contrast Agent Errors: Patients may have allergic reactions or develop contrast-induced nephropathy, which results in reduced kidney function.
  • Failure to Recommend Follow-Up: A radiologist should inform your care team of what should be done next, whether that is additional testing or specific procedures within their scope of practice.
  • Over-Radiation: CT scans account for 24% of all radiation exposure in the United States. Recommending too many scans can lead to increased cancer risk.

Common Injuries and Conditions Resulting from Radiological Errors

Radiology errors can have serious repercussions for patients, including serious pain and early death. Some common injuries that can result from negligent radiology include:

  • Cancer Misdiagnosis: Radiologists may fail to identify tumors, meaning that the cancer progresses without treatment.
  • Misdiagnosed Fractures: Missed fractures will heal out of alignment, causing pain and disability.
  • Missed Infections: If a radiologist claims that a person does not have pneumonia or a bone infection, the condition could get worse.
  • Failure to Treat Neurological Conditions: Subdural hematomas, brain cancer, or multiple sclerosis are all serious conditions that may be missed in a scan.
  • Worsening of Existing Conditions: A variety of disorders and illnesses are diagnosed via radiology. Radiology errors can mean that a person continues to suffer without help.

How We Prove Malpractice in a Rockford Radiological Error Case

To bring a claim, we first must get an affidavit of merit from another medical professional that the radiology error constitutes medical malpractice. Next, we must identify negligence, which has four parts:

  • Standard of Care: Every medical discipline has different standards of what constitutes good practice. We will consult with professionals and review medical association guidelines to determine what this standard of care is.
  • Breach of Duty: The radiologist failed to uphold this standard of care, such as by not interpreting tests correctly or not explaining the issue to your doctor.
  • Causation: This breach of duty caused you harm, such as allowing a condition to get worse or causing an allergic reaction.
  • Damages: You suffered financial losses as a result of the radiology error.

We will use evidence to support your claim, such as medical records, eyewitness testimony, expert opinions, and previous cases that are similar to yours. The more evidence we find, the stronger your case will be, so it’s important to bring us your complete medical records that help connect the error to your later issues.

Who Can Be Held Liable for Radiological Errors?

A variety of parties can be held liable for radiology errors, including the following.

  • Radiologist: The radiologist is typically the first liable party. They may be liable because they misinterpreted the results, did not explain what they meant, or didn’t recommend additional treatments.
  • The Hospital or Radiology Facility: Hospitals can be held liable under vicarious liability, meaning that they are responsible for the failures of their employees. They could also be held accountable if the machine malfunctioned due to improper maintenance.
  • Technologists or Other Staff Members: Technologists are responsible for running procedures and ensuring they are done correctly. If they used too much contrast or failed to ask about potential allergies, they may be responsible.
  • Referring Physician: In some radiology errors, the radiologist correctly interpreted the results and recommended the right course of treatment, but the referring physician did not communicate this information or make the right decision for further treatment.

Multiple parties can be held accountable, and each of them will be assigned a percentage of blame. As long as your blame is not more than 50%, you can receive damages, but your compensation will be reduced by the percentage by which you were responsible.

Potential Compensation in a Rockford Radiology Error Lawsuit

Your financial recovery depends on the specifics of the case, such as available evidence, insurance policy limits, and the amount of liability. There is no set settlement amount of radiology errors, making it even more important that you work with a skilled attorney.

You may receive both economic and non-economic damages for radiology errors. This can include:

  • Medical bills
  • Future medical expenses
  • Out-of-pocket expenses
  • Lost wages
  • Future loss of income
  • Burial expenses for wrongful death
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of companionship
  • Grief for wrongful death

Illinois uses injury multipliers to calculate non-economic damages, which is the sum of your economic damages multiplied by somewhere between 1.5x and 5x. The more severe your injuries, the higher the multiplier used.

Why You Need a Rockford Radiological Error Attorney

Radiology errors often involve complicated medical research and thorough investigation, making it all the more important to have an experienced attorney by your side. We will consult with top experts in the radiology field to gain a better understanding of what happened and who was liable.

Additionally, hospitals have their own legal teams, and insurance companies will refuse to pay out for medical malpractice suits. Our aggressive, fact-based negotiations will hold them accountable and give you the best possible chance at maximum compensation.

In some cases, you may have to go to court. We have an excellent track record for trial representation and will ensure you get to share your story in front of a judge and jury. With our help, you can get justice for radiology errors and recover in comfort.

Statute of Limitations for Medical Malpractice Claims in Illinois

Illinois medical malpractice laws allow a patient to bring suit within two years of when the mistake was discovered (§735 ILCS 5/13-212). However, there are exceptions depending on the specifics of the case.

For a medical negligence claim, you have a four-year statute of repose (§735 ILCS 5/13-212(a)). This means that you must bring a suit within four years of the initial event, even if you did not immediately realize there was a mistake.

In Moon v. Rhode, the Illinois Supreme Court affirmed that in instances of delayed discovery, the statute of limitations starts from the time the radiology error is identified, not when it occurs.

It’s crucial to contact a Rockford medical malpractice lawyer as soon as possible to ensure that we have enough time to investigate your claim and file a lawsuit.

FAQs About Radiological Errors in Rockford

What Is Malpractice in Radiology?

Radiology malpractice occurs when a radiologist or other technician fails to act within the accepted standards of care. This can include misdiagnosis, missing important details on a scan, misinterpreting the results, failing to check that the equipment is working correctly, or failing to communicate an issue to doctors and patients.

What Is the Biggest Issue Facing Radiology?

According to the Journal of the American College of Radiology, one of the most significant issues facing radiology is workforce shortages. Overworked radiologists increase the risk of radiology errors and even death.

What Is the Error Rate in Radiology?

Johns Hopkins University reports that the retrospective radiology error rate is 30%, while real-time error rates are 3-5%. Radiology errors are responsible for 75% of all medical malpractice claims against radiologists.

What Happens if Medical Professionals or Hospitals Deny the Error?

If healthcare professionals deny the error, you must speak to personal injury attorneys who can consult with medical experts. State medical malpractice law requires that we include an affidavit of merit when filing a lawsuit (§735 ILCS 5/2-622)

Can a Radiology Error Lawsuit Succeed if the Mistake Wasn’t Immediately Discovered?

Yes, it’s possible to file a lawsuit for radiology errors even if the mistake was not immediately discovered. Medical malpractice law allows for delayed discovery as long as the suit is brought within four years of the initial event.

Consult a Rockford Radiology Error Attorney Near You!

Insurance companies fear Rosenfeld Injury Lawyers due to our aggressive negotiation, 98% success rate, and combined 100 years of experience. We are world-class medical malpractice attorneys serving Northern Illinois, including metropolitan Rockford and Winnebago County.

To schedule a free consultation, call (888) 424-5757 or use our online contact form.

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