Last Updated on May 27, 2025 by tanya

Claiming For Medical Scan Errors Or Delays

Compensation If There’s A Breach Of Duty 

Medical scans are vital tools in the modern healthcare system, but claiming for scan errors or delays is possible if you have suffered from a misdiagnosis or delayed diagnosis. Whether it’s MRI or CT scans, ultrasounds or x-rays, these diagnostic tools help doctors to identify serious medical conditions early.

However, if there’s a scanning error or simply a delay in getting the scan done, potential significant harm may be caused. England’s Health Ombudsman recently found that scans being misread, delayed, not carried out or not being followed up had led to failings in the health system.

At First Personal Injury, we understand how distressing these situations can be. So if you or a loved one has suffered due to a misdiagnosis or delayed diagnosis caused by a medical scan error, you may be entitled to make a medical negligence claim.

 

What Are Medical Scan Errors?

Medical scan errors happen when a scan is misinterpreted, not performed correctly, or not conducted at all when clinically necessary. Some examples may include:

 

• Misreading scans: A radiologist may fail to identify a tumour, fracture, or internal injury.
• Delayed scans: Waiting too long for a scan may allow a condition to worsen.
• Technical faults: Poor-quality imaging can lead to an incorrect or inconclusive diagnosis.
• Administrative errors: Mix-ups in patient records or scan results being lost or not followed up.

 

These mistakes can lead to delayed diagnosis, incorrect treatment, or no treatment at all, at risk.

 

How Scan Errors Can Lead to Misdiagnosis or Delayed Diagnosis

A timely and accurate diagnosis is crucial for effective medical treatment. If scans are delayed or misinterpreted, serious health conditions such as cancer, stroke, aneurysms, or internal injuries may be missed or wrongly diagnosed.

Some common scenarios include:

 

• Cancer misdiagnosis: A tumour not identified in an MRI scan could mean the cancer spreads untreated.
• Fractures or internal bleeding missed in A&E: Immediate care is vital, and delays can cause long-term damage
• Delayed scans in neurological conditions: Conditions like multiple sclerosis or brain injuries may worsen if not diagnosed early.

 

These failures can lead to prolonged pain, emotional distress, additional medical treatment and loss of income

 

When Can I Make a Medical Negligence Claim?

To start your medical negligence claims, the following three key factors must be proven:

 

Duty of care: The healthcare provider, whether public or private, owed you a duty of care.

Breach of duty: That duty was breached due to failing to meet an expected standard of care from a medical professional. For example, by failing to arrange a scan or misinterpreting the results.

Causation: The breach directly caused you harm, either physically, emotionally, or financially.

 

If these conditions apply to your situation, you may be able to make a medical negligence compensation claim.

 

Examples of Potential Negligence

• Delayed cancer diagnosis: A client’s cancer went undetected for months due to a delayed scan referral. As a result, the cancer advanced and required more aggressive treatment.
• Missed fracture on an X-ray: A hospital failed to identify a broken wrist, causing the injury to heal incorrectly and result in permanent stiffness and pain.
• MRI scan misread: A scan of a patient’s spine failed to diagnose a serious disc problem. The delay led to long-term mobility issues and loss of earnings.

 

Why You Should Act Promptly

If you’ve experienced something similar, it’s important to seek legal advice as early as possible. You generally have three years from the date of the incident, or from when you first became aware of the negligence, to file your claim.

There are exceptions to this rule for those under 18 or lack mental capacity. It’s important to act quickly as evidence can be lost or misplaced over time.

 

How Much Compensation Can I Claim?

Compensation in scan-related medical negligence claims will vary depending on the severity of the harm you suffered. Generally, damages are divided into two categories:

 

• General damages: For pain, suffering, and loss of quality of life.
• Special damages: For financial losses such as medical expenses, travel costs, and lost earnings.

 

We work to secure the maximum compensation you are entitled to, helping you on the road ahead to recover financially and emotionally.

 

Why Choose First Personal Injury?

We partner with lawyers who are highly experienced in medical negligence, ensuring we provide:

 

• Expert legal support
• ‘No Win, No Fee’ medical negligence claims (which means you will only pay fees if your case is successful)
• Compassionate, client-focused service

 

We understand the emotional toll a delayed or incorrect diagnosis can have. Our team is here to guide you every step of the way.

 

What Should I Do If I Think I Have a Claim?

If you believe your scan was delayed, misread, or mishandled and you suffered harm as a result, here are your next steps:

 

Seek medical attention to correct the issue and get a second opinion.

Request your medical records, including scan results and consultation notes. You are allowed access to these.

Document everything: keep notes of your symptoms, conversations with healthcare providers, and how your life has been affected.

 

Get Help Today

If you’ve suffered due to a scan error or delayed diagnosis, our expert legal team at First Personal Injury is here to help you make a successful medical negligence claim.

📞 Call us today on 0333 358 2345 🌐 Or contact us online for a free consultation.

 

This article provides general legal information and should not be construed as legal or medical advice. In all instances you should always consult with a medical professional around life expectancy questions.

 

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