For a few years after this, Ms P took further reassurance from this report, albeit she later said she still did not think her breasts “felt right” and returned to her GP asking for further investigation. This time the GP referred her for an MRI scan, which was carried out at private hospital B. The report stated that there was no intracapsular rupture and that the left breast showed what was described as a herniation. The report did not suggest the need for any further action for the referring GP. Both the GP and Ms P took reassurance from the report of no rupture.
More years passed and Ms P had a child. After this, she thought her left breast in particular was “odd”, but put it down to weight changes during pregnancy. However, she asked her GP for a second MRI scan. This was done at private hospital A. The referring GP noted on the request that Ms P had previously had an MRI scan, which did not show a rupture. This second MRI scan was reported as showing no extracapsular rupture, but it did not make any comment about any intracapsular rupture. Again, both the GP and Ms P took assurance from the report of no rupture.
Two years later, Ms P felt a lump in her left breast. Her GP referred her for a third MRI scan, again at private hospital A. Again, no rupture was reported.
Ms P was not reassured this time as three MRI scans and a mammogram had reported nothing of note, but she now had a breast lump and longstanding anxiety about her implants. Her GP referred her to a breast surgeon. He suggested that her implants be removed. Ms P underwent this procedure. During the operation, it was found that both implants had ruptured, and so were replaced.
Ms P brought a claim against the four radiologists who had reported her one mammogram and her three MRI scans over a number of years. She alleged they had failed to identify implant rupture despite her on-going concerns and symptoms, and that this had led to much anxiety over several years. Expert opinion Medical Protection instructed an expert in clinical radiology to consider the case and the four radiological images. The expert commented on a number of vulnerabilities for the different reporting radiologists. These were as follows:
Overall, the expert considered that the reports back to the referring GP could have been better worded to help direct them, particularly as a non-breast specialist, in their management of Ms P. It followed that there had been missed opportunities to investigate and identify the implant rupture earlier and that this had led to several years of anxiety for Ms P.
Taking these vulnerabilities into account, it was recommended that the claim should be settled. The radiologists were members of different defence organisations so the claim was settled across them in equal shares of 25%.
Clarity of communication in radiology reporting and the value of adding clinical value to managing patients has been previously documented1. Indeed, a survey of GPs found the overwhelming majority valued the radiologist's opinion outside the remit of imaging, when recommending further treatment, referral, and non-radiological investigation2.
The Royal College of Radiologists has helpfully produced clear standards for reporting and interpreting imaging investigations3. Standards one to three are particularly relevant to this claim. In summary, these are that a report should include:
You cannot underestimate the reliance that could be placed on a radiologist’s report in the management of a patient, so careful attention to the lexicon used could pay dividends in protecting yourself against the risk of a claim.
For more case studies, listen to our podcast series Case Files, which lets you learn through real life cases involving medicolegal allegation and action: Find out more.
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