Misread scans and test results: medical negligence in pathology and radiology

When something is picked up on a scan or in a test result, timely and accurate reporting is critical. Delays, misinterpretation or missed findings in X-rays, CT scans, MRIs or pathology results can have serious consequences, including delayed diagnosis and preventable harm.

For patients in Canberra and across the ACT, these failures can significantly impact treatment outcomes. At Maliganis Edwards Johnson, we assist patients whose lives have been severely altered by negligence in pathology and radiology. Here’s what you need to know.

What is medical negligence in pathology and radiology?

Medical negligence occurs when healthcare professionals fail to meet the expected standard of care, causing harm to patients. In pathology and radiology, common forms of negligence include:

Radiological errors: Missing or misinterpreting critical signs on imaging scans such as X-rays, CT scans, or MRIs. This might include failing to identify tumours, fractures, bleeding, or other significant abnormalities.

Pathology errors: Misreading biopsy results, blood tests, or tissue samples that lead to incorrect diagnoses or missed diagnoses entirely.

Sample handling failures: Losing, mislabelling, or contaminating test samples, which can result in incorrect results or the need for patients to undergo invasive procedures again.

Communication breakdowns: Delays in reporting or communicating important findings to treating doctors, or failing to follow up on critical results.

Documentation errors: Failing to properly document or track test results, causing them to be overlooked or lost in the system.

These aren’t just administrative problems – they can have serious, sometimes devastating, consequences for patients.

When scans are misread or pathology results are mishandled, the consequences can be life-changing. Patients with cancer may have their diagnosis delayed, allowing the disease to progress to a more advanced stage. Those with fractures or internal injuries may not receive timely treatment, leading to complications or permanent damage. Misdiagnosed conditions may result in unnecessary treatments or surgeries, while the actual problem goes untreated.

For patients with aggressive conditions like cancer, stroke, or internal bleeding, timely and accurate diagnosis is vital. A missed or delayed finding can mean postponed surgery, chemotherapy, or other crucial interventions. This can allow disease to progress, decrease survival chances, and significantly reduce quality of life.

What to do if you’ve been affected

If you suspect a scan or pathology result has been misread, lost, or delayed:

Seek immediate medical advice: If your condition is worsening or you’re experiencing concerning symptoms, get medical help straight away. Your health is the priority.

Report your concerns: Notify your healthcare provider or hospital about the suspected error. They have obligations to investigate and address quality of care issues.

Document everything: Keep detailed records of your tests, results, symptoms, when you reported concerns, and all communications with healthcare providers.

Request your medical records: You have a legal right to copies of all your medical records, including scan reports, pathology results, and correspondence between healthcare providers. These documents are crucial evidence.

Don’t blame yourself: Patients sometimes wonder if they should have questioned results or pushed harder for answers. Remember that accurate diagnosis and proper handling of test results are the responsibility of healthcare professionals, not patients.

Get legal advice early: Medical negligence cases involving pathology and radiology errors require expert analysis to determine whether the standard of care was met. Early legal advice ensures evidence is preserved and your rights are protected.

You generally have three years from when you became aware that the error caused you harm to start legal action. However, the full effects of missed or delayed diagnoses aren’t always immediately apparent.  More precise advice about limitation periods will be required, specific to your case, once the MEJ team has reviewed your circumstances and clinical records. 

Some conditions worsen gradually, and it may take time to realise that an earlier error contributed to your current state. This is why it’s important to seek legal advice as soon as you suspect a problem, even if you’re not yet certain of the full extent of harm.

Why legal help matters

Pathology and radiology negligence claims are technically complex. They require expert medical evidence to establish what should have been seen or done, and to prove that the error caused or contributed to your harm.

Having experienced legal representation means:

• Understanding whether the error fell below acceptable medical standards
• Obtaining expert opinions from radiologists, pathologists, or other specialists who can review your case
• Gathering and analysing complex medical records and imaging studies
• Proving the link between the error and the harm you’ve suffered
• Negotiating fair compensation that reflects the true impact on your life

At MEJ, we work with leading medical specialists who can review pathology samples and imaging scans to provide the independent expert evidence needed to support your claim. Our team understands the medical and legal complexities of these cases.

We work on a no win, no fee basis for medical negligence claims, which means you don’t pay legal fees unless we successfully recover compensation for you.

If you or a loved one have been harmed by misread scans or pathology errors in a hospital or medical facility, contact MEJ for a free, confidential consultation about your rights.

Call us on 1800 570 778 or contact us online.