Short answer: Radiology malpractice happens when a radiologist, imaging center or the doctor who ordered a scan misses, misreads or fails to pass on a finding that a reasonably careful provider would have caught and acted on, and the delay causes harm. In New York, most of these claims must be filed within 2 years and 6 months, though missed cancer can qualify for the longer Lavern’s Law discovery rule.
This is general information, not legal or medical advice. Speak with your doctor and a lawyer licensed in your state about your situation.
X-rays, CT scans, MRIs, ultrasounds and mammograms guide almost every major treatment decision. When a finding is missed or never reaches the right person, a treatable problem can become serious. This guide explains how radiology errors happen, who may be responsible, what evidence matters, and the deadlines in New York and nearby states.
What is radiology malpractice?
Radiology malpractice is a type of medical malpractice involving diagnostic imaging. Common examples include:
- Missed findings: a lung nodule, fracture, bleed or mass is visible on the images but not mentioned in the report.
- Misinterpretation: a finding is noticed but labeled as harmless when it called for follow-up.
- No comparison with prior studies: a growing mass goes unnoticed because older scans were not reviewed.
- Communication failures: a critical or unexpected result is not phoned to the ordering doctor, or the doctor never tells the patient.
- Wrong study or poor technique: the scan ordered or performed could not answer the clinical question.
The federal Agency for Healthcare Research and Quality’s PSNet primer on diagnostic errors describes missed and delayed diagnoses as a leading patient safety problem, and imaging is a frequent point where they occur.
When is a misread scan considered malpractice?
Not every miss is negligence. Some findings are subtle, and experts can reasonably disagree. A claim generally needs:
- A departure from accepted practice. A qualified radiologist must explain that a reasonably careful reader would have seen, reported or escalated the finding.
- Causation and harm. The error must have changed the outcome, for example by allowing a cancer to advance, a stroke to go untreated, or a fracture to heal badly.
Experts often look at professional standards such as the American College of Radiology’s practice parameters and technical standards, including its guidance on communicating imaging findings.
Who can be responsible for a radiology error?
- The radiologist: for missing or misreading a finding, or not communicating an urgent one.
- The ordering or referring doctor: for not reading the report, not acting on a recommended follow-up, or not telling the patient. Sending a patient to a specialist does not automatically end the referring doctor’s duty; a KDLM partners’ column on referring-physician liability walks through when that duty can continue.
- The hospital or imaging center: for systems that lose results, understaffing, or employees’ errors.
- Teleradiology companies: many overnight scans are read remotely, sometimes by a group in another state.
Do patients have a right to their imaging results?
Yes. For mammograms, the federal Mammography Quality Standards Act requires facilities to send every patient a plain-language summary within 30 days, and within 7 calendar days if the result is “Suspicious” or “Highly Suggestive of Malignancy.” Since September 10, 2024, that summary must also say whether breast tissue is dense. See the FDA’s MQSA patient FAQ.
For any scan, you can request the report and the images themselves. Our guide explains how to get medical records in New York.
What evidence helps in a radiology malpractice claim?
- The original images on disc or by secure download, plus any prior studies, so an independent radiologist can re-read them.
- The radiology report and any addenda, with dates and times.
- Proof of communication: call logs, portal messages and notes showing who received the result and when.
- Your timeline: symptoms, visits and later scans that found the problem.
If the missed finding was cancer, see our guide to cancer misdiagnosis lawsuits in New York.
What are the deadlines in New York, New Jersey, Pennsylvania and Connecticut?
These summaries are starting points; public hospitals and children’s claims can follow different rules.
New York
- Filing deadline: generally 2 years and 6 months from the malpractice or the end of continuous treatment under CPLR 214-a. A single imaging read often does not count as continuous treatment.
- Discovery rule: only for missed cancer or a malignant tumor (Lavern’s Law), capped at 7 years from the act, and for foreign objects (1 year from discovery). Other misreads run from the date of the error.
- Certificate of merit: CPLR 3012-a generally requires the lawyer to certify that a physician reviewed the case and found a reasonable basis for it.
- Wrongful death: generally 2 years from death under EPTL 5-4.1. The Grieving Families Act was vetoed in December 2025, and the 2026 version did not pass.
New Jersey
- Filing deadline: generally 2 years under N.J.S.A. 2A:14-2.
- Discovery rule: yes, until you knew or reasonably should have known of the injury and that someone may be at fault.
- Affidavit of merit: under N.J.S.A. 2A:53A-27, due within 60 days after the defendant’s answer, with one possible 60-day extension.
- Wrongful death: generally 2 years from death under N.J.S.A. 2A:31-3.
Pennsylvania
- Filing deadline: generally 2 years under 42 Pa.C.S. § 5524.
- Discovery rule: yes, but the MCARE Act sets a 7-year outer limit from the act for most adult claims.
- Certificate of merit: under Pa.R.C.P. 1042.3, filed with the complaint or within 60 days after it.
- Wrongful death: under the MCARE Act, generally 2 years from death.
Connecticut
- Filing deadline: under C.G.S. § 52-584, 2 years from when the injury was sustained or discovered, but no more than 3 years from the act.
- Discovery rule: built in, capped by the 3-year limit; a 90-day extension is available by petition.
- Certificate of good faith: under C.G.S. § 52-190a, filed with a written opinion from a similar health care provider.
- Wrongful death: under C.G.S. § 52-555, generally 2 years from death and no more than 5 years from the act.
How do you find a lawyer for a radiology error case?
Look for a firm that regularly handles diagnosis-error cases, works with board-certified radiologists as experts, and is licensed where the care happened. You can compare firms in the Top Lawyers category and on the New York location page, including the Kramer, Dillof, Livingston & Moore profile. No lawyer can guarantee a result.
Outcome: get the images, then get answers
Focus on treatment first. Then request your images and reports, write down your timeline, note your state’s deadline, and have a qualified lawyer and radiologist review whether the miss was reasonable or care fell short.
FAQs
Can you sue a radiologist for a misread scan in New York?
Yes, if the radiologist’s reading fell below accepted standards and the error caused real harm. An independent radiologist usually must support the claim.
How long do you have to sue for radiology malpractice in New York?
Generally 2 years and 6 months from the error or the end of continuous treatment. For a missed cancer, Lavern’s Law can start the clock at discovery, up to 7 years after the error.
Is the ordering doctor responsible if the radiologist flagged a problem?
Possibly. If the report recommended follow-up and the ordering doctor did not act on it or tell the patient, that doctor may share responsibility.
How do I get copies of my X-rays, CT scans or MRIs?
Ask the imaging facility or hospital’s medical records office for the full report and the images on disc or by secure download. They may charge a reasonable copying fee.
Reminder: this article is general information only and is not legal or medical advice.
