Posted on 21 May 2025

How To Claim Compensation For Radiology Negligence

Every day, thousands of people rely on medical imaging scans like X-rays, MRIs, CTs, and ultrasounds to help diagnose their conditions. The specialists responsible for performing and interpreting these scans are radiologists — and when they make a mistake, the consequences can be serious.

If your radiologist missed something important or made an error that led to a delayed or incorrect diagnosis, you may have a radiology negligence claim. Also known as a ‘radiology malpractice claim’, it’s a special type of medical negligence claim that holds radiologists accountable for their errors.

A successful claim can do much more than cover your medical bills: it also provides compensation for lost income, ongoing care needs, and the physical and emotional toll the negligence has had on your life.

Below, you’ll find a complete guide to radiology negligence claims. But if you’d rather speak to someone directly, our expert MRI and radiology lawyers are just a phone call away. We’re here to listen, answer your questions, and help you understand your options — completely free of charge.

How To Claim Compensation For Radiology Negligence

Common examples of radiology negligence

  • Misinterpreting a scan: this is one of the most frequent errors, where a radiologist fails to spot an abnormality that’s clearly visible on an X-ray, MRI, CT, or ultrasound. This can lead to serious delays in diagnosis and treatment.
  • Failing to follow up on abnormal results: if the radiologist fails to highlight an abnormality urgently, or does not communicate it clearly to the referring doctor.
  • Performing the wrong scan: this can include scanning the wrong area of the body or using an incorrect imaging technique, potentially delaying treatment.
  • Technical errors during imaging: poor quality images caused by incorrect equipment settings, patient positioning, or inadequate preparation can make it difficult to identify medical conditions accurately.
  • Failure to compare with prior imaging: radiologists often review earlier scans to detect changes over time. If your radiologist failed to do this, they may have missed the progression of a disease such as cancer.
  • Inadequate documentation or reporting: incomplete or unclear reporting can mislead the treating doctor or leave out critical information that would otherwise change the treatment plan.

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How much compensation can I claim?

The compensation you can receive for radiology negligence depends heavily on how serious the mistake was and how much it has affected your life. In cases where the negligence had a less severe impact, payouts typically range from $100,000 to $200,000.

But if the error significantly changed the course of your diagnosis or treatment — especially if it led to long-term or permanent harm — you could receive millions in compensation.

Here’s what your radiology malpractice payout might include:

  • Lost income: covering both past and future earnings, including superannuation.
  • Pain and suffering: acknowledging the physical and emotional toll of the delayed or missed diagnosis.
  • Care and support: whether from professionals or loved ones, and including situations where you’re no longer able to care for others who depend on you.
  • Out-of-pocket expenses: like medical costs, travel for treatment, and any modifications needed for your home or car.

Every radiology negligence case is different, so it’s crucial to work with a lawyer experienced in these types of claims. We can assess your specific circumstances and help you claim every form of compensation you’re entitled to. This ensures you get the treatment and financial support you need — both now and in the future.

How do I prove my radiology negligence claim?

It’s important to know that not every mistake made by a radiologist qualifies as negligence. To make a successful radiology negligence claim, you’ll need to prove four key elements:

‘Duty of care’ is a legal obligation that requires certain individuals or groups to take reasonable steps to ensure the safety and well-being of others. Some relationships automatically come with this responsibility, such as medical professionals and their patients.

When making a radiologist malpractice claim, you must show that the radiologist who treated you owed you a duty of care. In nearly all cases, every registered radiologist is legally required to provide that level of care, so this element of your claim should be straightforward.

Negligence can happen in two ways: through a careless action or a failure to act when needed. For instance, a negligent action might involve a radiologist scanning the wrong body part. In contrast, a failure to act could be the radiologist not properly reporting your scan results to your treating doctor.

To determine whether a breach of duty occurred, the ‘reasonable standard of care’ test is applied. This test asks whether another qualified radiologist would have acted the same way in similar circumstances.

In making that assessment, several factors are considered:

  • Whether the radiologist followed accepted professional standards and guidelines.
  • Expert opinions from other radiologists.
  • The specific facts of your case, including the care you received and the situation surrounding it.

To claim compensation for radiology negligence, it’s not enough to show that your radiologist made a mistake — you also need to prove that their error led to harm. In these cases, ‘harm’ could mean a delayed diagnosis, delayed treatment, or a worse medical outcome than you would have had otherwise.

To hold your radiologist legally responsible, you’ll need to establish two things:

  • Causation: that the harm you experienced was directly caused by the radiologist’s actions or failure to act.
  • Foreseeability: that the harm you suffered was a ‘reasonably foreseeable’ result of their mistake or oversight.

Finally, you’ll need to show that the radiologist’s negligence has caused you ‘loss’. This could include medical expenses, lost income, or pain and suffering (the overall negative impact of the negligence on your life).

How to start your radiology negligence claim

If you think a radiologist’s negligence has delayed your diagnosis or made your prognosis worse, it’s really important to talk to an expert radiology negligence lawyer right away. Suing a medical professional for negligence can be a complex process — but we’re here to make it simple.

With over 25 years of experience in both medicine and law, our team will handle everything for you from start to finish. This means we’ll:

  • Listen to your story and offer free legal advice on everything you’re entitled to claim.
  • Gather strong evidence of the radiologist’s negligence and how it has directly caused you harm.
  • Challenge any evidence from your radiologist’s insurer using evidence from our trusted network of medical experts.
  • Provide a free second opinion if another lawyer has told you that you don’t have a claim.
  • Identify other claims you might be eligible for, like Total and Permanent Disability (TPD) or income protection, which could boost your total compensation.
  • Fight to make sure you get the maximum payout you deserve.

Want to know more about your radiology claim or ready to get started? Contact our radiology and MRI lawyers today. Your first consultation is free, so there’s no risk in discovering your options and how much compensation you could receive.

Frequently asked questions

Time limits apply to every medical negligence case, including radiology negligence claims, but the exact deadline depends on the state you live in.

In some states, you must start court proceedings within three years of the radiology negligence occurring. In others, you have three years from the date you realise that your delayed diagnosis, treatment, or worsened prognosis was caused by radiology negligence.

While these time limits are strictly enforced, there are important exceptions. If you think you’re outside the deadline, don’t wait — contact our radiology and MRI lawyers right away. Over the years, we’ve helped many clients successfully pursue delayed claims related to radiology negligence, and we’re ready to help you too.

How long your claim takes depends on your unique situation, including how complex your case is and how strongly your radiologist’s insurers contest your claim. Typically, most radiology negligence claims take about 12 to 18 months to resolve.

Once we’ve reviewed the specifics of your case, we’ll be able to give you a clearer idea of the timeline.

Yes, absolutely. Every radiology negligence claim is covered by our genuine No Win No Fee guarantee. That means we cover all upfront costs, and you won’t pay us a cent unless we win your case. If your claim isn’t successful, you’ll never receive a bill from us.

What sets us apart from other ‘No Win No Fee’ firms? It’s simple: our guarantee covers everything — not just our legal fees. This includes admin costs, expert reports, and even court fees if your case goes that far. In contrast, most firms only cover their own legal fees, which can leave you responsible for other expenses if your claim doesn’t succeed.

While many firms say ‘No Win, No Fee,’ we’re one of the few that truly stand behind it.

If your claim is successful, our fees are capped at just 30% of your total compensation — well below the industry standard of 50%. Plus, in most cases, we recover those fees from the other party, meaning you keep more (if not all) of your radiology malpractice settlement.

Want a clear picture of what your claim might cost? Contact our radiology and MRI lawyers for a free consultation. We’ll explain your options, break down our fee structure, and show you how we’ll fight to get you the maximum compensation you deserve.

Absolutely. If another lawyer has told you there’s no claim, don’t give up just yet — a second opinion can make all the difference. Our specialist radiology and MRI lawyers have successfully taken on cases that were previously rejected or overlooked by others.

We’ll take the time to examine every detail of your situation and explore all possible avenues to get you the compensation you deserve. Our second opinions are completely free, and there’s no obligation to move forward with your claim afterwards.

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