Radiology misread MRI malpractice attorney

A radiology claim has an unusual quality: the evidence is fixed and reviewable. The images that were available to the reporting radiologist are the same images available to everyone afterward, so the question of whether a finding was there to be seen can be answered directly rather than reconstructed from recollection. Law Offices Of SRIS, P.C. handles medical malpractice claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.

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The images themselves

Obtain the actual imaging in its original format rather than printed films or a report, because the diagnostic quality of the original matters. Obtain the report as issued and any addendum. Obtain the requisition, which shows what clinical question the radiologist was asked to answer — a study requested for one purpose is read differently from one requested for another, and this frequently matters. And obtain any prior imaging, since a finding may be visible in retrospect on an earlier study.

Perception error and interpretation error

Two different failures. A perception error means the finding was visible and was not seen. An interpretation error means it was seen but characterized incorrectly. Both can amount to a departure from the standard, but they are analyzed differently, and the distinction matters because the defense to each differs. The standard is not perfection — some findings are genuinely subtle, and a degree of error is recognized in the literature as inherent to the task.

What the miss costs

The harm is the delay it caused. Where a cancer was visible and not reported, the harm is measured by the difference in stage and treatment between the point at which it should have been diagnosed and when it was. Where a fracture was missed, it is the consequence of continued weight-bearing or of untreated displacement. Where a bleed or an acute finding was missed, it may be catastrophic. In each case the harm flows from the delay rather than from the misread itself.

How these claims are contested

Through hindsight bias — that a finding obvious once you know it is there was genuinely subtle prospectively, which is a legitimate argument supported by the literature. Through the requisition, arguing the study was requested for a different purpose. Through the treating clinician, arguing they should have correlated the report with the clinical picture. And on causation, that the outcome would have been the same.

Building the claim properly

Obtain the original images and have them reviewed by a qualified radiologist prospectively, ideally without the answer being pre-supplied, because a review conducted with hindsight is vulnerable. Obtain the requisition and the prior imaging. Establish the interval between the misread and the eventual diagnosis and what happened in it. Then obtain opinion on the outcome that timely diagnosis would probably have produced.

Available insurance coverage

What can be recovered is limited by what coverage exists. The at-fault party’s policy is the starting point, but it is frequently not the only source: the injured person’s own uninsured and underinsured motorist coverage, household policies, employer coverage where a vehicle was used for work, umbrella and excess layers, and the coverage of any additional responsible party can all apply. Underinsured coverage typically requires notice and consent before any settlement with the at-fault party — settling first can forfeit it. Identifying every available layer is early work, not closing work.

How damages are categorised and proven

Damages are not a single number that gets negotiated. They are separate categories, each proven by different evidence. Past medical expense is proven by billing records and the reasonableness of the charges. Future medical expense requires a physician’s opinion that the care is reasonably certain to be needed. Lost income is proven by employment and tax records; lost earning capacity is a different and larger question requiring vocational and economic analysis. Non-economic loss — pain, limitation, and the effect on daily life — is proven through the medical record and through testimony from people who can describe specific changes rather than general decline. No one can responsibly tell you what a case is worth before that evidence exists, and any figure offered at the outset is a guess.

Filing deadlines in medical malpractice

Medical malpractice deadlines differ from general personal injury deadlines and differ sharply between states. Virginia: two years under Va. Code § 8.01-243(A), generally accruing at the date of the negligent act, with extensions under § 8.01-243(C) for a foreign object, fraud or concealment, and certain malignancies, subject to an outer limit. Maryland: the earlier of five years from when the injury was committed or three years from when it was discovered, under Md. Code, Cts. & Jud. Proc. § 5-109, with separate rules for minors, foreign objects and reproductive-organ injuries. The District of Columbia has no malpractice-specific statute; the three-year catch-all at D.C. Code § 12-301(8) applies, with a discovery rule. New Jersey: two years under N.J.S.A. 2A:14-2, with a discovery rule and an early affidavit-of-merit requirement. New York: two years and six months under N.Y. C.P.L.R. § 214-a, accruing at the act or omission complained of, with a foreign-object discovery rule and a continuous-treatment toll. These are general periods only; confirm the deadline on your own facts without delay.

Frequently Asked Questions

Is every missed finding negligence?

No. The standard is not perfection, and a degree of error is recognized in the radiology literature as inherent to the task. Some findings are genuinely subtle prospectively even where they appear obvious once known. The question is whether the miss fell below the standard of care, which requires qualified opinion.

What is hindsight bias?

The tendency for a finding to appear obvious once you know it is there. It is a genuine and well-documented phenomenon in radiology and it is the principal defense in these claims. It is also why a review conducted knowing the answer is less persuasive than a properly structured prospective assessment.

What is the difference between missing and misreading?

A perception error means the finding was visible and was not seen. An interpretation error means it was seen but characterized wrongly — called benign when it was not, for example. Both can be departures from the standard, but they are analyzed differently and the defenses differ.

Why does the requisition matter?

Because it records the clinical question the radiologist was asked to answer, and a study requested for one purpose is read with a different focus from one requested for another. Where the requisition gave inadequate clinical information, responsibility may lie partly with the referring clinician.

Who is responsible — the radiologist or my own doctor?

Potentially both. The radiologist for the report; the treating clinician for whether they read it, correlated it with the clinical picture and acted on it. Where an abnormal report was issued and never acted upon, the failure is in the communication or the response rather than the read.

Can I get the images reviewed?

Yes, and it is the essential step. Obtain the original imaging in its native format rather than printed films, because diagnostic quality matters, and have it assessed by a qualified radiologist. Prior imaging should also be obtained, since a finding may be visible in retrospect on an earlier study.

What harm does a misread cause?

The harm is the delay. For a cancer, the difference in stage and treatment between when it should have been diagnosed and when it was. For a fracture, the consequence of continued weight-bearing or untreated displacement. For an acute finding, it may be catastrophic.

How long do I have to bring a claim?

Malpractice deadlines apply — two years in Virginia and New Jersey, the earlier of five years from injury or three from discovery in Maryland, three years in the District, and two years six months in New York — with discovery rules that matter here, since a misread is usually recognized only when the true diagnosis is made.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

Speak with Mr. Sris

Injury claims are governed by filing deadlines that vary by state and by claim type, and evidence degrades quickly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 22, 2026.

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