Radiology Errors

Radiology Error Lawyers in North Carolina

Advocating for Seriously Injured Patients Across North Carolina Since 1999

A missed tumor on an MRI. A brain bleed overlooked on a CT scan. An undetected blood clot that reaches the lungs. Radiology errors are a specific and consequential pathway through which misdiagnosis and failure to diagnose cause serious harm. When a radiologist, imaging technician, or treating physician fails to meet the accepted standard of care, the patient pays the price, often with their health or their life.

At Comerford Chilson & Moser, we represent patients and families across North Carolina who have been harmed by diagnostic imaging errors. Our firm has been advocating for seriously injured clients since 1999, with over 90 years of collective experience across our attorneys and hundreds of millions of dollars recovered on behalf of the wrongfully injured. We offer free consultations and handle cases on a contingency fee basis, so you won’t owe any legal fees unless we recover compensation for you.

If you or someone you love suffered harm because of a radiology error in North Carolina, call us today at (336) 568-8779 to speak with our team at no cost.

Types of Radiology Errors That May Support a Malpractice Claim

Diagnostic imaging involves multiple professionals and multiple steps, and errors can occur at any point in the chain, from the initial scan to the final report. Each type of failure can carry serious consequences for the patient.

Common radiology errors include:

Technician error: Imaging tests conducted improperly, producing poor-quality or unreliable scans that obscure findings
Radiologist misinterpretation: Failure to identify an abnormality visible on the film, such as a tumor, aneurysm, blood clot, or fracture
False positive diagnosis: Diagnosing a condition that doesn’t exist, leading to unnecessary and potentially harmful treatment
Failure to report: A radiologist who identifies a significant finding but fails to communicate it to the treating physician in time, causing a critical delay in care
Treating physician error: Ignoring or misreading a radiology report, or failing to order necessary imaging when clinical signs warranted it

Conditions commonly missed or misdiagnosed through radiology error include cancer, brain bleeds, aneurysms, pulmonary embolisms, bone fractures, and fetal abnormalities. When any of these failures causes measurable harm to a patient, it may constitute radiologist negligence under North Carolina law.

The Real Consequences of Diagnostic Imaging Errors

Radiology errors don’t just delay a diagnosis. They can fundamentally alter a patient’s prognosis. A missed cancer diagnosis can allow the disease to advance to a stage where treatment is no longer effective. An undetected aneurysm can rupture, causing stroke, permanent neurological damage, or death. A false positive can send a patient through unnecessary surgery, chemotherapy, or other invasive procedures that carry serious risks of their own.

Delayed detection of a pulmonary embolism or deep vein thrombosis can be fatal. These aren’t theoretical harms. When a qualified professional reviewing the same imaging would have identified the problem, the failure to do so crosses from an unfortunate outcome into actionable negligence. Families who lose a loved one to a radiology error may also have grounds for a wrongful death claim in North Carolina.

Why Clients Across North Carolina Choose Comerford Chilson & Moser

Radiology error cases are among the most technically demanding in medical malpractice law. They require attorneys who can review complex imaging records, understand the standard of care applicable to radiologists and imaging technicians, and work with qualified medical experts to construct a case that holds up under litigation. Insurance companies defending hospitals and radiology groups are well-resourced and experienced at resistance. A firm that prepares every case for trial presents a different proposition.

That’s how we approach every matter we accept. We’re intentionally selective about the cases we take on, which means every client receives focused attention and meaningful resources throughout their case.

What we bring to a radiology error claim:

Trial readiness: We prepare every case for trial and don’t shy away from litigation when insurers resist a fair resolution
Selective caseload: We limit the cases we accept so no client is lost in a high-volume pipeline
Credentials that signal seriousness: Our firm holds an AV Preeminent® peer review rating from Martindale-Hubbell®, the highest possible designation, and has received Super Lawyers® recognition continuously from 2006 through 2026
Ranked by Best Lawyers®: Comerford Chilson & Moser is ranked among “Best Law Firms” by Best Lawyers®
No-risk access: Free initial case evaluations and contingency fees mean you can explore your options without financial risk

Our attorneys have recovered hundreds of millions of dollars for injured clients across Winston-Salem, Greensboro, High Point, and throughout North Carolina. We bring that track record and those connections within the North Carolina legal community to every medical malpractice case we handle.

Start with a Free Case Evaluation

If a radiology error delayed your diagnosis, led to unnecessary treatment, or cost your family a loved one, you deserve to understand your legal options. Our team can review the facts of your situation, explain what a North Carolina medical malpractice claim would require, and help you decide how to move forward. You won’t owe any attorney fees unless we recover compensation for you.

We serve clients throughout North Carolina, including the Triad communities of Winston-Salem, Greensboro, and High Point. Contact Comerford Chilson & Moser today at (336) 568-8779 to schedule your free consultation.

North Carolina Medical Malpractice Law & Radiology Error Claims

Radiology error claims in North Carolina are governed by the state’s medical malpractice statutes. Radiologists and imaging technicians are health care providers under G.S. 90-21.11, subject to the same legal framework that governs other malpractice claims. Understanding how that framework applies is essential before pursuing a case.

The Four Elements You Must Prove

To succeed on a radiology error claim, a plaintiff must establish four things: a provider-patient relationship creating a duty of care; a breach of the accepted standard of care by the radiologist, technician, or treating physician; a direct causal link between that breach and the patient’s injury; and measurable damages resulting from that harm. Each element must be supported by evidence, and causation is frequently where these cases are contested most aggressively.

Rule 9(j) Expert Certification

North Carolina imposes a requirement unique to medical malpractice cases. Under Rule 9(j) of the North Carolina Rules of Civil Procedure, a malpractice complaint must be certified at the time of filing by a qualified medical professional in the same field who has reviewed the relevant records and is prepared to testify that the defendant’s conduct fell below the standard of care. This requirement must be satisfied before a case is filed. Retaining the right expert early isn’t optional.

Statute of Limitations & Statute of Repose

Under N.C. Gen. Stat. § 1-15(c), the standard deadline to file a medical malpractice claim is three years from the date of the defendant’s last act giving rise to the claim. A separate four-year statute of repose also applies: even if the injury wasn’t immediately discovered, claims generally can’t be filed more than four years after the last act or omission giving rise to the claim. A one-year discovery rule may extend the deadline for latent injuries, but it operates within that four-year outer limit. Wrongful death claims carry their own two-year statute of limitations in North Carolina.

These deadlines are unforgiving. The time needed to gather records, retain experts, and satisfy Rule 9(j) before filing means the practical window for building a case is shorter than the statutory deadline suggests. Contacting an attorney as soon as a radiology error is suspected is critical.

Mediation & Bifurcated Trials

North Carolina requires mediation between the parties, typically after discovery, before a case proceeds to trial. For cases in which claimed damages exceed $150,000, the court may also order separate trials for liability and damages. These procedural requirements affect how a case is prepared and how long resolution may take.

Recoverable Damages in a North Carolina Radiology Error Case

Damages in North Carolina medical malpractice cases fall into two categories, with different rules governing each.

Economic damages are not capped. These can include past and future medical expenses, lost wages, loss of earning capacity, and the cost of ongoing or long-term care. The full extent of financial harm the plaintiff can document may be recoverable.

Non-economic damages include pain and suffering, emotional distress, and loss of consortium. Under G.S. 90-21.19, these are subject to a statutory cap. As of January 1, 2026, that cap is $712,847, adjusted every three years by the NC Office of State Budget and Management.

The cap doesn’t apply in every case. Under G.S. 90-21.19(b), when a plaintiff suffered disfigurement, loss of use of part of the body, permanent injury, or death, and the defendant’s conduct was reckless, grossly negligent, fraudulent, intentional, or malicious, the non-economic damages cap doesn’t apply. Even in cases where the cap does apply, full economic damages may remain recoverable without limitation.

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Why Our Clients Choose Us

Lawyers You Can Rely on When You're Injured

Committed to Taking Every Step Toward the Best Possible Outcome
Nearly a Century of Combined Experience

Boutique Law Firm with A Personal Approach to Every Case
Outstanding Reputation in The Legal Community

How We Build a Radiology Error Case

Medical malpractice cases require thorough preparation long before any courtroom appearance. For radiology errors specifically, the investigation centers on the imaging itself: what it showed, what the reviewing professional documented, and what a qualified expert in the same field would have identified under the same circumstances.

Our approach to building a radiology error case typically involves the following:

Medical record review: Gathering and analyzing the complete medical records, including the imaging films, radiology reports, physician notes, and treatment history
Expert consultation: Working with qualified medical professionals who can evaluate whether the standard of care was met at each stage of the imaging process
Rule 9(j) compliance: Obtaining the certified expert opinion required under North Carolina law before filing the complaint
Responsibility assessment: Determining who bears liability, whether the radiologist, imaging technician, treating physician, or the hospital or imaging facility itself
Damages documentation: Assembling evidence of the full economic and non-economic harm caused by the error

In most cases, we advance litigation-related expenses so clients aren’t required to pay out of pocket while the case is underway. Our contingency fee structure means our interests are aligned with yours: we recover our fees only when we recover compensation for you.

The investigation demands of a radiology error claim in North Carolina are substantial, and the procedural requirements leave little room for delay. The sooner we can review the facts of your situation, the more time we have to build the strongest possible case. Call Comerford Chilson & Moser at (336) 568-8779 to schedule a free case evaluation.

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The attorneys and staff at Comerford Chilson & Moser are one top-notch organization. While it is unfortunate we met under these circumstances, I am forever grateful to their team and I plan to keep in touch with everyone at this amazing firm.

- Chip L.
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When it was finally complete, they explained what we should expect going forward and continued to check on how we are doing — after more than 10 years. I can’t thank them enough for all they did and would highly recommend the firm...

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Our case was multi-faceted, intricate, and very challenging, so having the best lawyers was top priority. I know I had the best, and I highly recommend The entire firm of Comerford, Chilson & Moser.

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During our first meeting, he assured me that he would take this anxiety and responsibility from me. Emotionally, I felt a deep sense of relief that stayed with me during the months he was working for me.

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I cannot speak highly enough of this firm. Comerford and Moser were extremely dedicated to the case and getting results. If you're looking for an amazing firm that actually cares about you, I recommend Comerford Chilson and Moser.

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