Artificial intelligence is becoming more common in radiology and the general practice of medicine. While these tools aim to help, imaging errors can have serious consequences for any patient. Missed findings may still lead to delayed treatment and severe harm regardless of the technology used. Recent research in radiology suggests that jurors may react differently depending on how a radiologist used AI during the review process. This makes the intersection of technology and liability an important issue as AI becomes more common in medical imaging.
A study recently published in Nature Health provides vital insights for hospital stakeholders and radiologists. It explores how jurors perceive physician liability when an algorithm generated by AI is involved in a diagnosis. The findings suggest that the specific workflow used by a medical professional can change the outcome of a legal case. Who is held liable when a computer makes a mistake? This question is central to the future of healthcare and patient safety in Miami and beyond.
Can AI in Radiology Lead to a Medical Malpractice Claim After a Missed Diagnosis? The answer often depends on whether the provider maintained the accepted standard of care. Technology is a tool, but it does not replace the necessity of sound medical judgment. If a provider relies too heavily on a flawed algorithm, the human remains responsible for the outcome.
Study Suggests Double-Reading May Affect Jury Perception and Malpractice Risk When AI is Used in Radiology
The research looked at how mock jurors responded to a missed diagnosis scenario involving a radiologist and AI. Researchers from Penn State, Brown University, and Seton Hall University conducted a mock trial with nearly 300 jurors. They evaluated a hypothetical malpractice case involving a missed brain bleed on a CT scan. The study specifically compared two different workflows to see how they impacted the perception of fault.
The core finding revealed that jurors reacted differently based on when the radiologist reviewed the scan. In a “Single-Read” scenario, the AI flags an exam and the radiologist reviews it once before dismissing it. In a “Double-Read” scenario, the radiologist reviews the scan both before and after receiving the AI feedback. The “Double-Read” suggests a more thorough diagnostic effort to those sitting on a jury.
How AI is used may affect how responsibility is perceived by a group of peers. In the “Single-Read” scenario, 75% of jurors found the radiologist at fault for the error. However, that number dropped significantly to 53% when the radiologist performed a “Double-Read”. Thoroughness, or reviewing the diagnostic images more than once, appears to offer a much stronger legal defense than sheer speed.
Does AI change who is responsible for a missed diagnosis?
A missed diagnosis involving AI may still support a medical malpractice claim if a provider fails to meet the standard of care. The use of AI does not automatically excuse a missed finding or a delayed diagnosis. Malpractice still turns on the basic elements of standard of care, causation, and harm. If these elements exist, a legal claim is likely appropriate.
AI may become part of the facts, but human decision-making still matters most in a clinical setting. A provider may still be responsible for overreliance on AI or for ignoring a valid alert. Failing to review imaging carefully is negligence, even if the software also missed the abnormality. The doctor is the final line of defense for the patient.
There is a hidden cost to what some call “AI Bias” in the medical field. Radiologists may feel pressured not to disagree with AI because the perceived legal cost of being wrong is high. This can lead to over-testing and increased healthcare costs for all individuals. It may also cause unnecessary anxiety for patients undergoing additional tests that they do not need.
Missed Diagnosis in Radiology Can Have Devastating Consequences
The cost of diagnostic delay is often a matter of life and death. When a serious condition is missed, the window for effective treatment can close rapidly. Our firm has seen the tragic results of failing to meet the medical standard of care in radiology. These errors leave families grieving and searching for answers after a preventable loss.
In one case, an individual referred to as Mr. Chad underwent a renal ultrasound. The scan showed an obvious 7.2 cm mass that was highly suspicious for malignancy. The radiologist and the diagnostic center failed to recognize the mass or suggest further testing. This oversight was determined to be below the standard of care.
Because the mass was missed, the diagnosis was delayed for nine months. By the time the cancer was found, it was too late to save the patient. Mr. Chad suffered an agonizing death within a year of the initial failure. Proving that the diagnostic center was the cause of death required testimony from dedicated radiology specialists.
Another case involving an individual named Jenny Ochoa highlights the danger of misusing screening tools. A physician ordered a screening mammogram instead of a diagnostic mammogram for a suspicious lump. This error meant that the necessary detailed images were
never obtained for review. The hospital also failed to communicate suspicious findings directly to the patient.
Even worse, the primary care physician incorrectly told Jenny the results were insignificant. Due to these inaccuracies, Jenny did not receive another scan for two and a half years. By the time she was diagnosed, the cancer had spread to her lymph nodes. She required a bilateral double mastectomy and aggressive chemotherapy.
What should families do after a suspected missed diagnosis?
If you suspect a medical error has occurred, you must get medical care right away. Your health and safety are the top priorities after a potential missed diagnosis. Request all of your medical records and imaging reports from the providers involved. These documents are essential evidence for any future legal investigation.
Preserve all discharge instructions and follow-up notes provided by the hospital or clinic. It is also helpful to document exactly when symptoms worsened or when new issues appeared. Keep a clear timeline of events to share with your legal counsel. This information helps specialists understand where the process broke down.
Speak with a medical malpractice attorney like Panter, Panter & Sampedro promptly. There are strict time limits for filing a claim in the state of Florida. An experienced attorney can have your records reviewed by independent specialists. This step is necessary to determine if the standard of care was violated.
Experienced Medical Malpractice Attorneys in Florida Protecting Your Rights
AI may change how scans are reviewed, but it does not eliminate the duty to use reasonable medical judgment. When a serious condition is missed and that failure causes harm, the central malpractice question remains the same. Did the provider or the institution fail to meet the accepted standard of care? Technology should enhance safety, not serve as an excuse for negligence.
Panter, Panter & Sampedro has represented grieving families and injured individuals for over 30 years. Our attorneys work one-on-one with clients to get the justice and recovery they deserve. Let our family help your family during this difficult time.
Sources.
https://panterlaw.com/case-results/radiology-and-cancer-medical-negligence/
