A radiologist is a physician trained in the diagnostic and/or therapeutic use of x-rays and radionuclides, radiation physics, and biology. Radiologists diagnose and treat illnesses through medical imaging processes. Often when a radiologist fails to identify a problem with a radiology image, a patient can suffer a worsening of a medical problem because treatment was delayed or incorrect treatment was given. It is estimated that one in five radiologists is sued for malpractice annually, with most of these suits alleging misdiagnosis.

In radiology malpractice cases, the plaintiff must show that the radiologist owed the patient a duty of care and that the radiologist breached that duty, causing the patient's injuries. Radiologists owe a duty of care to patients, even if they have never met them. Unlike other physician-patient relationships, often the radiologist will review a radiology film, such as an x-ray, an MRI, or a CAT-Scan, and compose a report of his or her findings. The patient's primary care physician, surgeon, or other attending physician often conveys the radiologist's findings to the patient. Even though the radiologist may never come in direct contact with the patient, the radiologist is still in a physician-patient relationship with the patient and, thus, owes the patient a duty of care.

In some states, evidence that a radiologist misread an x-ray constitutes evidence of negligence. Under this theory, called "res ipsa loquitur," the jury can infer negligence once evidence established that the x-ray was incorrectly read. Other states reject res ipsa loquitur in radiology malpractice cases. Instead, they require that plaintiffs establish that the defendant radiologist breached the duty of care owed to the patient by failing to conform to the minimum standards of competence required of radiologists. Evidence on breach of the standard of care must be established by expert testimony.

In addition to suits claiming that a radiologist misread an x-ray, there are many other types of malpractice claims that can be filed against radiologists. For example, a radiologist can be held liable for failing to order additional radiology tests if the images viewed by the radiologist should have put him or her on notice that additional information was needed to make a proper diagnosis. Another type of case often brought against radiologists involves injuries to patients from the radiology process. For instance, many times radiologists have been sued for malpractice after a patient falls off an x-ray table. The theory of liability in such cases is that the radiologist either knew or should have known that the patient was not safe. A third type of radiology case can occur in the administration of radiation treatments by radiologists. By giving too much or too little radiation, a radiologist can make patients much sicker or prohibit the treatment of their diseases.

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