Articles Questions answered
How do Georgia malpractice attorneys evaluate radiology claims?
- Published November 7, 2026
- No. 66 of 195 in this folder
Filed in Georgia Medical Malpractice FAQ
Last updated: November 7, 2026. Georgia law changes; check the date before relying on any deadline or rule below.
Radiology claims start with the images. An independent radiologist re-reads the original studies to decide whether a careful radiologist would have identified the finding at the time (O.C.G.A. § 51-1-27). Then the attorney checks three Georgia rules that can decide these cases: the misdiagnosis timing rule, the causation standard, and how fault is divided between the radiologist and the ordering physician.
Step 1: Get the images and the context
The attorney requests the image files, not only the written report, along with:
- the order and the clinical history the radiologist was given;
- any prior studies available for comparison;
- the report and any addenda;
- records showing how and when the report was communicated.
The clinical history matters because the standard asks what a careful radiologist would have done with the information provided.
Step 2: The independent read
A qualified radiologist reviews the studies (§ 24-7-702). Attorneys sometimes ask the reviewer to read the images without being told what was later found, to reduce hindsight. The reviewer answers:
- Was the finding visible and reasonably detectable?
- Was it described accurately?
- Was a recommendation, such as follow-up imaging, appropriate and clear?
- Should it have been communicated directly?
Step 3: Apply the Georgia rules
| Rule | How it affects the evaluation |
|---|---|
| Timing (Kaminer v. Canas, 2007) | The two-year period generally starts at the missed read, so older studies may be time-barred |
| Repose (§ 9-3-71(b)) | No claim more than five years after the read |
| Causation (Zwiren v. Thompson, 2003) | An expert must say the miss more likely than not changed the outcome |
| Apportionment (§ 51-12-33) | Fault is divided among radiologist, ordering physician, practice, and patient |
Step 4: Who else failed
If the report was correct but nobody acted on it, the claim may lie with the ordering physician or practice rather than the radiologist. If both failed, each carries a share.
Reasons an evaluation ends
- The finding was not reasonably detectable on the original images.
- The finding was reported, and the failure was elsewhere.
- Earlier detection would not have changed treatment or outcome.
- The read was more than two years ago and the timing rule bars it, or more than five years ago.
Get the images, not only the report
Request the images on a disc or through a sharing link from the imaging facility, along with the report. An attorney cannot evaluate a radiology claim without them, and requesting them starts the 30-day production period under § 31-33-2.
This article explains Georgia law in general terms. It is not legal advice, and reading it does not create an attorney-client relationship. Deadlines in malpractice cases are short and fact-specific, so talk to a Georgia lawyer about your own situation.
Write a comment