RADIOLOGY ERRORS


Cincinnati Medical Malpractice Lawyer and Ohio Hospital Negligence Attorney Represents Injured Plaintiffs Nationwide
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Cincinnati Radiology Error Attorney

Radiology is a remarkable science that allows our treating physicians to use images to diagnose and treat diseases seen in our body. Examples of radiology include X Rays, MRI’s, CT Scans, and mammograms.

Emergency room physicians and other treating physicians utilize radiology to rule out serious injuries and diseases to prevent the progression and to treat any illnesses or injuries appropriately.

Therefore, when a radiology error is made, the patient may suffer severe and disabling health consequences through no fault of their own. Yet, radiology departments often experience the highest rates of medical errors in a hospital system.

If you or a loved one has been injured due to radiology malpractice, Joe Lyon is an experienced Cincinnati medical malpractice attorney accepting cases based on radiology malpractice.  

Offering contingency fees, The Lyon Firm gathers the medical records and the medical experts to evaluate the case and to make a determination as to whether the injury was a result of radiology malpractice.


Radiology Malpractice Injury


Common Radiology Malpractice Cases


  • Misread XRays, MRIs or CAT Scans:  Overall, approximately “75 percent of all medical malpractice claims against radiologists are related to diagnostic errors,” meaning that three out of four court cases involving radiologists are a result of their direct misdiagnoses of cancer or bone breakages on the film.
  • Failure to suggest the next appropriate procedure:  According to the American College of Radiology, a Radiologist must suggest follow up or additional diagnostic studies  to clarify or confirm impressions when appropriate.  Hand-offs from one medical professional to another often result in communication errors.  A lack of appropriate medical information or suggestion for follow up is a leading cause of radiology malpractice in the hospital industry.
  • Failure to communicate in a timely and clinically appropriate manner: The radiologist is responsible for communicating the results directly to the referring physician. Errors due to communication errors are a common basis of radiology malpractice in Cincinnati Hospitals.
  • Fatigue: Length of workdays additionally affect the number of radiology errors.  As is common with any worker, job performance may begin to slack as the work day draws to a close, due to mere fatigue resulting from extensive exertion.

However, unlike most professions, if a radiologist’s performance falls below the standard of care, it could result in fatal or legal consequences.  In fact, studies have been conducted on this one conclusion alone, specifically with radiologists.

In the Journal of the American College of Radiology, author Elizabeth Krupinski argues that: “Diagnostic accuracy was reduced significantly after a day of clinical reading… Radiologists have reduced ability to focus, increased symptoms of fatigue and oculomotor strain.”


Radiology Malpractice & Cancer Misdiagnosis


Radiology errors are particularly dangerous where they involve cancer misdiagnosis. Failure to diagnose cancer is a serious medical malpractice issue with staggering implications for radiologists and patients alike.

In 2013, the American Cancer Society forecasted that about 1,660,300 cases would be diagnosed. The first rule in treating cancer is the earlier the diagnosis, the better the chance of a favorable outcome.  Unfortunately, many patients are not diagnosed timely and the result is more invasive care, worsening prognosis, and in the some cases an untimely death. 

Frequently, cancerous lesions on earlier radiographic imaging studies such as mammograms, CAT Scans, MRIs, or X-Rays, but the radiologist did not recognize them for earlier treatment.

Where there is a delay due to a radiology error, a medical malpractice lawyer should be contacted to assist in the review of the case and to seek compensation for the damages caused by the misdiagnosis.


Ohio Radiology Malpractice Lawsuits


The number of delays in diagnosing cancer due to radiology errors is unknown, but based on a review of the medical literature, the statistics suggest it is very high. Several studies published in peer review medical journals have addressed the frequency of radiology errors and found high rates of misdiagnosis.

A study conducted over the course of 1981 to 2001 found that “the level of error for clinically significant or major error in radiology is in the range 2-20% and varies depending on the radiological investigation.”  In addition, another study that reviewed data over 40 years showed an error rate of 30% for radiologists.

Finally, in The World Journal of Radiology, it was disclosed that 30-70 percent of mammograms conducted a second time that show cancerous tumors actually do indicate tumors on the initial misdiagnosed mammogram. That means that up to seven out of ten mammograms are misdiagnosed the first time.


Additional Radiology Malpractice Resources

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Why are these cases important?

 When management or individuals fail to provide a sufficient level of care, victims may seek legal recourse and file suit against the negligent parties. Medical malpractice lawsuits improve the quality of healthcare by holding physicians and hospitals responsible when they fall below a professional standard of care. 

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Questions about Medical Malpractice

What is a Medical Malpractice Lawsuit?

Hospitals, medical staff, nurses and doctors are responsible for providing proper patient care. When management or individuals fail to provide a sufficient level of care, victims may seek legal recourse and file suit against the negligent parties.

Without medical malpractice laws, medical mistakes would go without consequence, patients would be uncompensated for preventable injuries, and medical providers would have less incentive to improve the medical system to prevent future injuries.

Despite the reports discussed above, frivolous claims brought by medical malpractice attorneys and runaway juries have been blamed as causing a medical crisis. There is no medical malpractice crisis, it is simply propaganda created by the U.S. Chamber of Commerce and large insurance companies to pollute the American jury pool and change the law in a manner that is favorable to them and adverse to the average American. And sadly, it has worked.

Currently, 90 percent of juries side with the physician over the patient at trial. As a result, insurance companies are bolder than ever and refuse at times to settle even the most meritorious of cases knowing that the chances of the patient finding a fair and impartial jury is extremely low, especially in more conservative parties of the country such as Hamilton County, Ohio.

What is a “Never Event” in Hospital Care ?

The Deficit Reduction Act of 2005 required that conditions be identified that (a) are costly and occur at high rates, (b) are assigned as cases to the Diagnosis-Related Group, and (c) could have ultimately been prevented with appropriate care. These hospital-acquired conditions occur as negligence on the part of hospital staff and often result in a multitude of medical malpractice lawsuits.

Conditions that meet the three requirements for identification:

What if a hospital makes me an offer directly?

Many hospitals and physicians are taking proactive approaches to resolve viable medical malpractice claims by approaching patients who do not have legal counsel. The “family meeting” presentation will include deterring patients from seeking legal counsel. This is a very concerning development in the course of medical liability and risk management.

We strongly advise patients not to engage in “family meeting” settlement negotiations without an experienced Cincinnati medical malpractice lawyer present. Hospitals and physicians have lawyers who are specialized in medical malpractice claims advising them on how to approach the case, and it is only fair that the patient is afforded the same benefit of qualified counsel.

The “family meeting” practice of settling hospital negligence cases without an attorney does not benefit the patient in most cases, but almost always benefits the negligent hospital.

Do not be deterred by a hospital representative implying that the case will be compromised if you seek counsel. While attorney fees will need to be paid, those costs should not be a deterrent. The Lyon Firm adopts a lower contingency fee structure and offers hourly rates for cases that can be resolved without litigation.

If the parties wish to resolve the matter, having qualified counsel on both sides is beneficial to the process. The goal should be a settlement where both parties are satisfied, not a case where the hospital pays substantially less than the fair value of the claim.

There are numerous issues that need to be considered before settling a medical malpractice case, and you should know what the fair value of the claim is before accepting a settlement.

The hospital knows the fair value having been involved in other cases. You as the patient should work with counsel who has successfully worked on other cases and can advise on the appropriate risk of future litigation and settlement value.

If a hospital is approaching you or a family member about a settlement without a Cincinnati Medical Malpractice lawyer, please call (800) 513-2403 for a free consultation.

Why hire the Lyon Firm?

Our Firm will help you find the answers.  The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered. 

 Experience:  Joe Lyon is an experienced Cincinnati Medical Malpractice Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters. Medical malpractice lawsuits can be complex and require industry experts to determine the root cause of an accident or injury. Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.

Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.

Results:  Mr. Lyon has obtained numerous seven and six figure results in personal injury,  automotive product liability, medical Negligence, construction accidents, and auto dealership negligence cases.  The cases have involved successfully litigating against some of  the largest companies in the world

Learn About the Medical Malpractice Legal Process

Video: Investigating Medical Malpractice

The process for investigating a medical malpractice claims involves the following steps: 

  1. Gather a full and informed history from the family addressing their concerns and thoughts on what went wrong; 
  2. Gather the complete medical records including film studies, if any; 
  3. Review of the records and applicable medical literature by attorneys; 
  4. Review of the records by a qualified physician practicing in the relevant areas on standard of care and causation; 
  5. Final consultation with expert to review opinions;
  6. Signing of Affidavit of Merit by the Expert before case filing, for cases where medical malpractice is identified. 

Our Victories

The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against companies due to a defective product or recalled product to obtain just compensation under the law. 

FAILURE TO DIAGNOSE BOWEL OBSTRUCTION

WRONGFUL DEATH

(Cincinnati, Ohio):  Confidential settlement for a family due to a wrongful death. An emergency room physician failed to recognize the common symptoms associated with bowel obstruction and prescribed a contraindicated medicine of GoLytley.  The patient died at home the day of discharge after taking the medication. The case against the emergency room physician was resolved by settlement following extensive discovery. The settlement was paid to the spouse and surviving adult children for the loss of their mother. While no amount of money could bring back their mother, the case provided answers and held the hospital accountable.

FAILURE TO DIAGNOSE BREAST CANCER

$910,000 Settlement.

(Cincinnati, Ohio):   Joe Lyon was second chair in a case involving the failure of a physician to promptly communicate a positive breast cancer result to a patient. As a result of the delay, the cancer progressed from in situ carcinoma to stage 3B with lymph node involvement. The treatment required mastectomy and radiation/ chemotherapy rather than a simple excision. The case settled after extensive discovery. The defense argued: “the patient should have called the physician.” The settlement provided recovery for suffering through a misdiagnosis and the loss of a spouse and a mother. While the settlement cannot bring this wonderful woman back, it helped her family move forward with life’s challenges and encouraged  future accountability.

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