How long do you have to make a medical negligence claim?
In many cases the standard limitation period is three years, but the point at which those three years begin can vary and important exceptions may apply.
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Diagnosis
Radiology & Scan-Reporting Error Claims
Imaging can guide important decisions about diagnosis and treatment. A missed finding, delayed report or failure to communicate and act on a result may justify investigation where it caused avoidable harm. The assessment considers the whole imaging and follow-up pathway.
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Quick check
Could this apply to you?
1
A significant abnormality overlooked on an X-ray, CT or MRI
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An ultrasound finding incorrectly interpreted
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Failure to compare relevant earlier imaging
Last updated 7 October 2026
Understanding the claim
When might a claim be investigated?
A poor outcome alone does not prove negligence. The investigation considers what a reasonably competent healthcare professional should have done and whether any failure made a material difference to the outcome.
A significant abnormality overlooked on an X-ray, CT or MRI
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
An ultrasound finding incorrectly interpreted
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Failure to compare relevant earlier imaging
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Delay in reporting a time-sensitive investigation
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
An important result not communicated to the responsible team
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Failure to arrange recommended follow-up imaging or treatment
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
A reporting difference is not automatically negligence
Images may be difficult to interpret, and reasonable clinicians can sometimes disagree. An independent expert considers what could reasonably have been seen in the images and clinical information available at the time, without relying only on hindsight.
A scan can also be reported correctly but followed by a communication or treatment failure. Identifying where the pathway broke down helps establish which provider or team may be responsible.
What difference did the error make?
The claim needs more than evidence of an error. The investigation asks whether earlier identification, communication or action would probably have changed treatment or avoided an injury or deterioration.
For example, a concern may relate to a fracture, cancer, bleeding or another condition. The outcome usually needs evidence from the relevant treating specialty as well as an imaging expert. The existence of an abnormal scan does not establish that earlier treatment would have succeeded.
Useful details for an initial enquiry
If possible, tell us the scan type, approximate date, provider and how the concern was later identified. A later report, clinic letter or explanation from a treating team may help establish the timeline.
You do not need to interpret the images yourself or send large scan files through the website. The legal team can explain how relevant records and images may be obtained with appropriate authority.
Evidence
What evidence may help?
Relevant evidence depends on the circumstances. Common sources include:
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Original images, not just written scan reports
The evidence is considered alongside the chronology and appropriate independent expert opinion.
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Requests, clinical history and earlier comparison studies
The evidence is considered alongside the chronology and appropriate independent expert opinion.
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Report timestamps, alerts and follow-up communications
The evidence is considered alongside the chronology and appropriate independent expert opinion.
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Independent radiology and relevant treating-specialty evidence
The evidence is considered alongside the chronology and appropriate independent expert opinion.
The process
What happens after an initial enquiry
- 01
Initial enquiry
Tell us what happened, when the treatment took place and how you were affected.
- 02
Early assessment
The key facts, limitation position and whether further investigation may be appropriate are considered.
- 03
Records & evidence
Relevant medical records, chronology and evidence of any financial losses may be obtained.
- 04
Expert review
Appropriate independent experts may address breach of duty, causation, condition and prognosis.
- 05
Claim & negotiation
Where the evidence supports a claim, the relevant defendant can be notified and liability or settlement discussed.
- 06
Resolution
The matter may conclude by agreement or, where necessary, through the court process.
Compensation
What can compensation take into account?
There is no reliable generic calculator for medical negligence. Where liability is established, compensation can reflect the individual injury and financial consequences supported by evidence.
- Pain, suffering and loss of amenity
- Past and future loss of earnings
- Care and assistance
- Rehabilitation and treatment
- Equipment, travel or accommodation needs
- Other reasonable losses caused by the injury
Start an enquiry
Tell us what happened.
Questions answered
Radiology & Scan-Reporting Errors FAQs
Can a claim involve a result that was never passed on?
Potentially. The review can examine who reported the scan, how the result was communicated, who was expected to act and whether a failure caused avoidable harm.
What if the scan was performed by a private provider for the NHS?
The records and contractual arrangements may need review to identify the appropriate parties. You do not need to resolve responsibility before making an enquiry.
Is the written report enough evidence?
Usually the original images, clinical history, timing and later course are important too. An expert may need to compare studies to assess what was reasonably visible at the relevant time.
When should I seek advice?
As soon as you have concerns. Time limits can depend on when the injury and its possible link to care became known; waiting for a provider to answer a complaint does not automatically extend them.
Related guidance
Useful medical negligence guides
How medical negligence claims work
A plain-English overview of breach of duty, causation, medical records, expert evidence and the main stages of a claim.
Read guide →
Can you claim for an A&E misdiagnosis?
Key considerations where emergency care failed to recognise, investigate or appropriately respond to a serious condition.
Read guide →Related claim types
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