Can I sue a radiologist or radiology team for missing a new lesion for existing brain cancer?

Question

My daughter was born in 2014 and diagnosed with brain cancer in 2021. Rady children’s has royally screwed up everything in the beginning. 
 
Anyhow, she shall soon pass away. Going into 2024, we got robust control of everything in 2023, stable. But then big misses were made by radiology earlier this year that caused an 4-5 month delay in ramping up treatment, and this is the key, they missed a new lesion on Feb, March, and April 2024 MRI’s, by three different radiologists and one even wrote in the MRI report “I see no new lesions,” and there was one clear as day. I found it, Boston Children’s did as well as did California Protons but Rady said nothing. I called it out after the April MRI and then the June MRI all hell broke loose.  
 
By the time we ramped up treatment in June, it was too late and I want to look into legal action. We knew she had existing lesions, all stable. But a NEW LESION is the focus here, as that signals = BAD

William John Light · Answer

I am sorry for your loss.   
 
You may have a case.  A pediatric radiologist and a pediatric oncologist will need to review the records and gives opinions as to standard of care (in missing new lesion) and causation.  Unfortunately, that is not cheap and most attorneys will require a retainer of several thousand dollars to pay for this preliminary work  If the radiologist or the oncologist do not provide a favorable review, the case is over before it started.

James L. Arrasmith · Answer

I'm so deeply sorry about your daughter and what your family is going through. This kind of medical oversight can have devastating consequences, and your pain and frustration are completely understandable. 
 
Yes, you can pursue legal action against the radiologists and the hospital for medical negligence in missing the new lesion. In California, the failure to identify and report a new cancerous lesion that was visible on multiple MRIs could constitute medical malpractice, particularly since other medical facilities were able to identify it. The delayed diagnosis and subsequent delay in treatment appear to have directly impacted your daughter's prognosis, which is a crucial element in establishing a medical malpractice case. 
 
Given the complexity and time-sensitive nature of medical malpractice cases, you should contact a medical malpractice attorney immediately. Most offer free initial consultations and work on contingency fees, meaning you don't pay unless they win your case. The statute of limitations for medical malpractice cases in California is typically one year from when you discovered the negligence, but it's best to begin the process as soon as possible while medical records and evidence are readily available.

Q: Can I sue a radiologist or radiology team for missing a new lesion for existing brain cancer?