Florida Radiology Error Lawyer
An imaging report can influence whether a patient receives urgent treatment, further testing, or reassurance. A radiology-error claim asks whether the study was performed, interpreted, communicated, and followed up with appropriate care—and whether a failure in that chain caused injury. Rafferty Domnick Cunningham & Yaffa evaluates Florida radiology malpractice claims using the original images and the full clinical timeline.
Errors can occur before or after the interpretation
The problem may involve an incorrect study, an overlooked finding, a mistaken interpretation, or a significant result that never reaches the treating clinician. Follow-up recommendations can also fall through a gap between providers. Each stage involves a different factual question.
A later scan showing disease does not prove that the earlier study was negligently read. Image quality, the condition’s appearance at the time, the clinical history supplied to the radiologist, and subsequent changes all need expert review.
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Preserve images as well as reports
Request the actual imaging files, reports, amendments, prior comparison studies, orders, and relevant medical records. A printed report alone may omit the evidence a reviewing radiologist needs. Keep the names of imaging facilities and dates of each examination.
Communication records can be equally important: who received the result, when an urgent finding was reported, and what the patient was told. The investigation should follow the result through the care team instead of presuming that one provider controlled the entire process.
Connect the diagnostic error to the harm
A qualified expert must evaluate the applicable standard of care and the medical consequences of the delay or incorrect treatment. The question is what appropriate care would have changed—not simply whether the original diagnosis differed from the final diagnosis.
Additional procedures, avoidable treatment, progression of illness, lost function, and increased care needs may be relevant. The evidence must separate those consequences from the underlying disease and from risks that would have remained with appropriate care.
Florida medical-malpractice requirements matter early
Florida Chapter 766 includes presuit investigation, expert corroboration, and notice requirements. The required expert qualifications depend on the provider and the claim. Cases should be assessed before deadlines approach, because obtaining records and arranging qualified review take time.
The applicable filing period may involve discovery rules, an outer repose limit, and exceptions under §95.11. A conversation with the imaging center or a corrected report should not be treated as automatically extending the time to sue.
Why patients turn to Rafferty Domnick Cunningham & Yaffa
Sean C. Domnick, a shareholder at Rafferty Domnick Cunningham & Yaffa, is a Florida Bar board-certified civil trial lawyer whose practice includes medical malpractice. His work involves claims where medical records and expert analysis are central to understanding the care a patient received.
A suspected radiology error can involve several questions: what the images showed, how the findings were reported and whether someone acted on them. Rafferty Domnick Cunningham & Yaffa can review your concerns and discuss how those records may help explain a missed or delayed diagnosis.
Sources: RDCY: Sean C. Domnick biography.
Related medical-malpractice pages
- Medical Malpractice Overview
- Failure to Provide Medication
- Radiology Errors
- Medication Error
- Failure to Perform a Critical Procedure
- Failure to Diagnose
- Hospital Negligence
- Nursing Error
- Errors of Commission
- Anesthesia Error
- Errors of Omission
- Emergency Room Error
- Delayed Diagnosis
- Genetic Testing Misdiagnosis
- Distracted Doctoring
- Surgical Errors
- Inadequate Testing
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Professional Recognition
Recognition applies to the named attorneys and selection years. See the linked profiles for details.
NOTABLE RESULTS
Published RDCY outcomes, with broader practice results identified separately:
$31,000,000 catastrophic-injury result · $2,500,000 medical-malpractice settlement
Read more about these results
RDCY’s published results list a $31,000,000 catastrophic-injury outcome in Ft. Lauderdale. This is a broader catastrophic-injury result, not an outcome for this exact case type. Source: RDCY’s published results.
The firm’s January 25, 2023 Nicole Kruegel announcement reports a $2,500,000 medical-malpractice settlement. It is shown as a broader medical-malpractice result. Firm source.
Prior results do not guarantee a similar outcome. Each case is different and must be evaluated on its own facts.
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Florida Radiology Errors FL FAQs
These answers provide general information. The applicable rules depend on the facts and type of claim; a case review can address your circumstances.
Does a missed imaging finding automatically establish malpractice?
No. The original study and clinical context must support a departure from appropriate care that caused injury.
A reviewing expert considers image quality, the information available at the time, and what the finding reasonably showed. A later scan or different interpretation does not alone establish negligence.
Sources: Florida Statutes §766.102: medical negligence standard; Florida Statutes §766.203: presuit expert investigation.
Do I need the actual images or just the report?
The original imaging files are often important because the report does not show everything an expert needs to examine.
Request the study, report, amendments, and relevant comparison studies through the appropriate records process. Keep the examination dates and facility information so the correct material can be identified.
Sources: HHS: Your medical records; Florida Statutes §766.203: presuit expert investigation.
Can failure to communicate a radiology result support a claim?
It may if communication fell below the applicable standard and caused injury.
Review who received the report, any urgent notification, and what follow-up occurred. Interpretation and communication are separate questions, and responsibility should be evaluated for each provider.
Sources: Florida Statutes §766.102: medical negligence standard; Florida Statutes §766.203: presuit expert investigation.
Can another treating provider share responsibility for missed follow-up?
A radiologist may identify a finding while another clinician is responsible for subsequent action. The records must show the handoff and causation rather than assume everyone who saw the patient is liable.
Sources: Florida Statutes §766.102: medical negligence standard; Florida Statutes §766.106: presuit notice.
How is harm from delayed imaging diagnosis evaluated?
Qualified medical review asks what timely appropriate care would have changed for the patient.
The claim should distinguish added treatment, progression, or lost function caused by delay from the underlying illness. There is no universal outcome or case value for an imaging error.
Sources: Florida Statutes §766.102: medical negligence standard; Florida Statutes §766.203: presuit expert investigation.
What must be proved in a Florida medical-malpractice claim?
A claim needs proof of a departure from the applicable professional standard of care that caused injury.
A changed diagnosis or disappointing result is not enough. Qualified review must explain what appropriate care required and how the failure affected the patient’s outcome.
Sources: Florida Statutes §766.102: medical negligence standard; Florida Statutes §766.203: presuit expert investigation.
Is expert review needed before a Florida malpractice lawsuit?
Generally, Florida’s presuit process requires investigation and corroboration by an appropriately qualified medical expert.
The expert requirements depend on the provider and allegations. A patient’s suspicion does not replace the statutory investigation, and obtaining records and a suitable review can take time.
Sources: Florida Statutes §766.203: presuit expert investigation; Florida Statutes §766.102: medical negligence standard.
Can a Florida medical-malpractice lawsuit be filed immediately?
The governing presuit requirements must be addressed before filing a qualifying claim.
Chapter 766 includes notice and investigation procedures. Identify prospective defendants and deadlines early; a complaint to a provider is not the same as completing the statutory presuit process.
Sources: Florida Statutes §766.106: presuit notice; Florida Statutes §766.203: presuit expert investigation.
How long do Florida medical-malpractice claims have to be filed?
Section 95.11 generally provides a two-year incident-or-discovery period with a four-year repose limit, subject to statutory exceptions.
Discovery, childhood claims, concealment, presuit rules, and other facts can affect the calculation. Obtain an individual deadline review rather than assuming the period starts with the final diagnosis.
Sources: Florida Statutes §95.11: limitations; Florida Statutes §766.106: presuit notice.
Can patients request the medical records needed for a review?
Patients generally have rights to access their protected medical records under HIPAA, subject to its rules and exceptions.
Ask for the records relevant to the care and keep original communications. Medical-malpractice investigation may also require additional evidence and expert review beyond the material in a patient portal.
Sources: HHS: Your medical records; Florida Statutes §766.203: presuit expert investigation.
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