Personal Injury Law (Accidents/Slip & Fall)/misread xray report


Sir, I was a passenger in a high speed auto crash 6 months ago. In the ER, xrays were taken and I was told they were normal. A month after the accident I still had severe chest pain and a cat scan was done in the ER, I was told it was normal. Just a few weeks ago, I had a bone scan done and the radiologist noted a sternal fracture that he stated was apparent on the cat scan I had 5 months ago, but it was never noted by the doctor reading the cat scan. So, I filled out the paperwork asking that the original catscan report and the ER visit I had when the cat scan was done be amended by the physicians to recognize the sternal fracture. In your opinion, is this all I should do? Medical Records told me that it is up to the doctor to decide whether he will amend the report. What is your opinion of this?

Maria:  I don't understand why it is important to you that the original report be amended to mention the fracture.  Since it was discovered eventually, the record is clear what  your injury was.  I thought you were thinking about a malpractice case against the doctors who didn't see the fracture and that as a result, you didn't receive proper treatment and thereby incurred extra pain and suffering, some disability etc. etc.  So, I am interested why you think it is important to amend the report.  Frankly, I think it is better left as it is if you ever want to establish that they missed the diagnosis.  Furthermmore, if it amended, it will not be honest and correct as to the diagnosis at that time.  The truth is known. What is the point of the amendment?  They would base that on the later scan and later doctor diagnosis, not their own.  If it is some kind of insurance issue where your insurance doesn't want to pay for later care because the fracture seen now was not from the accident, then that would make sense to me.  Is that your reason for the question?  If so, then yes, if they will amend find.  But surely the doctors who saw you recently know it was from the accident so their reports should solve that problem.  A fractured sternum is a rather rare injury so where else would it have come from??  Hope this helps.

Personal Injury Law (Accidents/Slip & Fall)

All Answers

Answers by Expert:

Ask Experts


Glenn A. Dorfman


Thirty-two years experience in personal injury, medical malpractice, medical product liability law and class actions. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation. Actively involved and fully experienced in litigation regarding recalled hip implants as well as the Mirena IUD.


Hundreds of satisfied clients in previous litigation

California State Bar Association in good standing since 1976. Federal District Court

Jurisx Doctor degree 1976

©2017 All rights reserved.