Medical Scan Mistakes Leading to Harm

Clinical Negligence Claims for Delayed Diagnosis or Misdiagnosis

Medical scans play an important role in detecting a wide range of medical conditions and if incorrectly done, may result in medical scan mistakes leading to harm. Diagnostic imaging plays a crucial role in today’s medical landscape, from CT scans and MRIs to x-rays and ultrasounds. These tools all help medical professional make timely and accurate diagnoses.

However, England’s Health Ombudsman has warned in a report that patients are being harmed due to mistakes in reading scans, scans not being carried out or delayed. Additionally scan results not being properly followed up was also highlighted. More than 40 cases were upheld or partially upheld of failings being found. The Ombudsman also called for greater learning when things go wrong to prevent future mistakes being made.

If you or a loved on suspect you may have suffered due to a medical can mistake, you may be eligible to start a clinical negligence claim. This may be possible if a medical provider failed to provide the expected standard of care which resulted in avoidable harm.

If you want to find out more about a clinical negligence claim for compensation, contact our team at Jefferies Claims who can help.

Medical Scans in Diagnosis and Treatment

Medical scans are used for many medical purposes, including detecting cancers, internal injuries, neurological conditions, and more. The accurate and timely interpretation of scan results often decides the next steps in a patient’s care plan.

For instance, early detection of a tumour can significantly improve survival rates, while a missed stroke diagnosis can have serious consequences.

Given this importance, the healthcare system’s ability to carry out scans efficiently and without error is critical. Unfortunately, systemic issues, resource constraints, and human error can lead to delays or mistakes with serious consequences.

Common Types of Scan-Related Failings

Delays in Conducting Scans

Long waiting times and equipment shortages often cause delays in carrying out vital imaging. For example, a GP may refer a patient for a scan on suspicion of cancer, but due to capacity issues, the patient may end up waiting for weeks or even months.

During this time, the condition may worsen, reducing the chances of effective treatment.

Failure to Refer for a Scan

In some cases, doctors may fail to recognise symptoms that require immediate scanning and treatment. A critical window for diagnosis and intervention may be missed if a  patient presents with symptoms of a stroke or a brain tumour and is not referred for a scan.

Incorrect Scan Interpretation

Radiologists and other medical professionals can misread scans, overlooking abnormalities such as small tumours, internal bleeding, or fractures. Misinterpretation can lead to incorrect treatment or no treatment at all.

Failure to Communicate Results

Sometimes, scan results are not communicated properly between departments or to the patient. For instance, a radiologist may flag a concern in a scan report, but the treating physician may not act on it promptly. This type of breakdown in communication may potentially delay treatment and worsen outcomes.

Technical Errors

Occasionally, scans may be performed incorrectly due to faulty equipment or operator error, requiring repetition or producing unreliable results that mislead clinicians.

It is important to note that the Covid-19 pandemic significantly exacerbated delays in scan appointments, with many patients waiting for longer than 6 weeks for imaging tests.

When Does a Scan Error Amount to Clinical Negligence?

Not all scan delays or mistakes automatically constitute clinical negligence. For a successful negligence claim, the following three criteria must generally be met:

1. Duty of Care

The medical professional or institution must owe a duty of care to the patient. This is almost always the case in public or private healthcare settings.

2. Breach of Duty

There must be a breach of this duty. This happens when a healthcare provider fails to act in accordance with the standard of a competent professional. For example, if a radiologist overlooks a clear mass on a scan that a reasonably competent peer would have identified, this may be considered a breach.

3. Causation of Harm

The breach must cause actual harm to the patient. This is sometimes the hardest element to prove. For example, if a delayed scan allowed cancer to progress from stage 1 to stage 3, and this led to more invasive treatment, the harm is clear and is clearly linked to the delay.

Patients should also be given sufficient information to make informed choices about their care,  which includes being told about scan findings and treatment options.

Time Limits for Filing a Claim

You typically have three years from the date of the incident, or from when you first became aware of the harm, to start your claim. There are exceptions for children whose three-year period starts on their 18^th birthday. For those lacking mental capacity, the time limit may also be extended.

Steps to Take if You Suspect Negligence

If you believe you or a loved one has been harmed due to a scan-related error or delay, you should request access to your medical records. You are entitled to have these and you can file a complaint with the hospital where you were treated.

As clinical negligence can be complicated, it’s advisable to contact a solicitor who specialises in this field.

If your claim is successful, you may receive compensation for:

• Pain and suffering
• Loss of earnings
• Medical expenses (including future care needs)
• Travel and accommodation costs related to treatment
• Psychological harm

The amount awarded varies widely depending on the severity and impact of the negligence on your life.

Start A ‘No Win, No Fee’ Claim

If you feel you have been armed through clinical negligence, you should be able to show the direct link between the negligence by a healthcare provider and that the delayed diagnosis or misdiagnosis led to a worsening health outcome.

Jefferies Claims can help you through the process of how to claim compensation. We work with highly experienced lawyers in this field who operate on a ‘No Win, No Fee’ basis. We will give you the support and understanding you need at this difficult time. 

Call us at 0333 358 3034 for a free no-obligation chat or visit Jefferies Claims Contact Us Page

This article provides general legal information and should not be construed as legal or medical advice. In all instances you should always consult with a medical professional around life expectancy questions.