Orlando CT Scan / MRI / X-Ray / Mammogram Misinterpretation Lawyers
Helping Clients Across Orange County And Southwest Florida
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Elizabeth H. Faiella
Elizabeth has represented plaintiffs in numerous jury trials since 1976. A member of the exclusive Inner Circle of Advocates, Elizabeth is a legal powerhouse who has been given numerous awards and honors--and she's not done yet.
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Peter J. "Tres" Gulden, III
The son of a doctor and an attorney, Peter has a unique and in-depth understanding of all the complicated medical and legal issues involved in a malpractice claim. He has won many 7-figure verdicts for clients since joining his mother's firm in 2004.
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Allison C. McMillen
Allison C. McMillen is proud to be a second-generation plaintiffs’ attorney representing victims of medical malpractice, having practiced with her father, attorney Scott R. McMillen, for over a decade before joining the team at Faiella & Gulden, P.A.
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Shannon McLin
Connie Ashley














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Orlando CT Scan / MRI / X-Ray / Mammogram Misinterpretation Lawyers
Medical imaging is one of the most powerful tools physicians have for diagnosing disease and injury. CT scans, MRIs, X-rays, and mammograms can detect cancer at early, treatable stages, identify fractures, locate internal bleeding, and reveal conditions that would otherwise be invisible to the naked eye. When a radiologist or other physician misreads these images — missing a tumor, overlooking a fracture, or failing to recognize a critical finding — patients may go undiagnosed and untreated while their condition worsens. At Faiella & Gulden, P.A., we represent patients in Orlando and throughout Florida who suffered serious harm because a CT scan, MRI, X-ray, or mammogram was misinterpreted. If a missed or incorrect reading of a medical image led to a delayed diagnosis of cancer, a missed injury, or another serious consequence, our team is here to help. We offer free consultations, charge no attorney fees unless we recover compensation for you, and begin work on your case immediately upon hire.
What Is Medical Imaging Misinterpretation?
Medical imaging misinterpretation — sometimes called a radiology error — occurs when a physician responsible for reading an imaging study fails to identify an abnormal finding that should have been recognized, interprets a finding incorrectly, or fails to communicate a significant finding to the ordering physician in a timely manner. Radiology is a high-volume field, and radiologists routinely interpret large numbers of studies. The standard of care requires that each study be read carefully and completely, that clinically significant findings be communicated promptly, and that the reading physician be familiar with the clinical context in which the imaging was ordered.
The consequences of a misread imaging study can be severe and far-reaching. A missed lung nodule on a chest CT scan that turns out to be cancer may be curable if caught early but fatal if detected a year later at an advanced stage. A missed mammogram finding that delays a breast cancer diagnosis by 18 months can mean the difference between early-stage, highly treatable disease and advanced metastatic cancer. A missed fracture on an X-ray can lead to improper healing, chronic pain, and permanent disability.
Common Types of Imaging Misinterpretation
Imaging errors can occur with any modality — CT, MRI, X-ray, mammogram, ultrasound, or nuclear medicine studies. Some of the most common and consequential errors include:
– Missed lung nodules or masses on chest CT scans or X-rays, resulting in delayed cancer diagnosis
– Mammogram misreads — failure to identify suspicious calcifications, masses, or asymmetry that indicate breast cancer
– Missed or mischaracterized brain lesions on CT or MRI, including tumors, strokes, bleeds, or abscesses
– Overlooked abdominal findings on CT scans, including liver lesions, bowel perforations, or appendicitis
– Failure to identify spinal fractures or cord compression on MRI or X-ray
– Missed pulmonary embolism (blood clot in the lung) on CT pulmonary angiogram (CTPA)
– Failure to recognize aortic dissection or aneurysm on imaging
– Misinterpretation of bone lesions leading to delayed detection of primary bone cancer or metastatic disease
– Failure to compare a current study to prior imaging, missing important interval changes
Florida Law: Radiology Errors and Medical Malpractice
Medical imaging misinterpretation cases in Florida are governed by Chapter 766 of the Florida Statutes. Like other medical malpractice claims, they require proof that the radiologist or other interpreting physician deviated from the accepted standard of care — the level of care and skill that a similarly trained and reasonably prudent physician in the same specialty would have exercised under the same circumstances — and that this deviation caused the patient’s injuries.
Florida Statute §766.102 requires expert testimony from a qualified radiologist or other appropriate specialist to support the claim. The expert must confirm that the standard of care was violated and that the violation caused the patient’s harm. Before filing a lawsuit, Florida’s pre-suit investigation requirement under §766.106 mandates that the claimant serve a notice of intent on all defendants and allow a 90-day investigation period.
The statute of limitations for medical malpractice in Florida is two years from the date the claimant discovered or should have discovered the injury, subject to an absolute four-year statute of repose from the date of the malpractice under §95.11(4)(b). In cases where the missed finding involved cancer or another serious disease, the discovery rule is particularly important — the limitations clock often begins when the correct diagnosis is eventually made and the patient learns that an earlier image contained the relevant finding. Contact an Orlando imaging misinterpretation attorney as soon as you become aware of a potential error.
What to Do If You Suspect an Imaging Error
If you believe that a CT scan, MRI, X-ray, or mammogram result was misread and that the error led to a delayed or missed diagnosis, the following steps can help protect your legal rights:
– Seek a prompt second opinion from a physician or specialist who can assess your current condition and provide an independent evaluation of the imaging in question.
– Request complete copies of all imaging studies and reports, including the actual images (on CD or digital format), not just the written radiology report.
– Obtain records from all facilities where imaging was performed, including any prior studies that should have been compared to the one at issue.
– Do not sign releases or accept settlements from any healthcare provider or insurer before speaking with an attorney.
– Contact Faiella & Gulden, P.A. promptly to allow time for the mandatory pre-suit process under Florida law.
How Faiella & Gulden, P.A. Can Help
At Faiella & Gulden, P.A., we understand the medical and legal complexity of imaging misinterpretation cases. We work with board-certified radiologists and clinical specialists who can review the imaging studies in your case and provide the expert analysis required to establish liability under Florida law. We have the resources to obtain, preserve, and review imaging files and to retain the experts needed to support your claim.
Whether your case involves a missed cancer finding on a mammogram, an overlooked brain lesion on an MRI, or a misread CT scan that delayed treatment for a life-threatening condition, our attorneys are prepared to pursue your claim with the thoroughness it deserves. We represent clients in Orlando and throughout Florida, including Orange County, Kissimmee, Melbourne, Tampa, Sarasota, Fort Myers, Clearwater, Daytona Beach, Lakeland, and communities statewide.
Related Blogs
Avoiding Mistakes After an Imaging Misinterpretation
Patients who discover that a CT scan, MRI, X-ray, or mammogram was misread — and that the error caused a delayed diagnosis — often feel a mixture of anger, fear, and confusion. Avoiding certain common mistakes can make a significant difference in the outcome of a legal claim.
Not Requesting the Actual Images
The most important piece of evidence in an imaging misinterpretation case is the imaging study itself — not the radiology report. You are entitled to copies of the actual CT scans, MRI images, mammogram films, or X-rays. Always request the images in digital format, as the written report alone cannot tell the full story.
Assuming the Error Cannot Be Proven
Many patients and families assume that because a radiologist “didn’t see something,” the error cannot be proven. In fact, radiology experts can review the original images and identify findings that were present and should have been recognized. This is the foundation of an imaging misinterpretation claim, and it is more provable than many people expect.
Waiting Too Long to Consult an Attorney
Florida’s medical malpractice statute requires a mandatory 90-day pre-suit investigation period before a lawsuit can be filed. While this period tolls the statute of limitations under Florida law, the pre-suit notice must still be served before the two-year window expires — and imaging misinterpretation cases take time to investigate, requiring expert review of imaging files and records from multiple providers. Starting early gives your legal team the best opportunity to build a thorough case.
Not Getting a Second Medical Opinion
After learning of a potential misread, getting an independent radiological review and clinical evaluation is essential — both for your health and for your claim. A second opinion can confirm the error and document the medical impact of the delayed diagnosis.
Choosing a Lawyer Without Medical Malpractice Depth
Imaging misinterpretation cases require attorneys who understand radiology standards, can retain credible experts, and know how to present technical medical evidence to a jury. At Faiella & Gulden, P.A., medical malpractice is the foundation of our practice.
Frequently Asked Questions — Orlando Imaging Misinterpretation Lawyers
Responsibility can fall on the radiologist who interpreted the study, the ordering physician who failed to follow up on a reported finding or ordered insufficient imaging, or the facility where the study was performed. In some cases, a referring physician may be responsible for failing to act on a reported finding. Our attorneys will review all the facts to identify every party that may bear responsibility for your injury.
Yes. Mammography misinterpretation — failure to identify suspicious masses, calcifications, or changes in breast tissue that indicate cancer — is one of the most common and consequential radiology errors. If a mammogram contained a finding that a competent radiologist should have recognized, and the delay in diagnosis allowed the cancer to advance to a more serious stage, you may have a claim for the harm caused by that delay. Our firm handles failure to diagnose cancer cases including breast cancer arising from missed mammogram findings.
This situation — known as a failure to communicate or failure to follow up on a finding — can result in liability for the ordering or referring physician rather than (or in addition to) the radiologist. If a radiology report noted a finding requiring follow-up and that follow-up never occurred, the treating physician and potentially the practice or hospital may be liable for the resulting harm. Our attorneys investigate the complete chain of communication in every imaging case.
The statute of limitations for medical malpractice in Florida is two years from the date you discovered or should have discovered the injury, subject to a four-year outer limit from the date of the malpractice under §95.11(4)(b). In imaging cases, the discovery date is often when a patient learns that an earlier study contained a finding that was missed. Florida also requires a minimum 90-day pre-suit investigation period before a lawsuit can be filed. Contact an attorney promptly to protect your rights.
Damages may include past and future medical expenses for the treatment that became necessary due to the delayed diagnosis, lost wages and earning capacity, physical pain and suffering, emotional distress, loss of enjoyment of life, and in wrongful death cases, compensation for surviving family members under Florida Statute §768.21. Florida eliminated its statutory cap on non-economic damages in medical malpractice cases in 2017. In cancer cases specifically, the extent of damages often depends on the stage at which the cancer was actually diagnosed versus the stage it would have been caught had the imaging been correctly interpreted.
The standard of care and the ability to bring a malpractice claim apply equally to outpatient radiology facilities and teleradiology services as they do to hospital-based radiology departments. If a radiologist at any type of facility misread your imaging study and caused you harm, you have the same legal rights as any other malpractice victim. Our attorneys have experience identifying liable parties across all practice settings.
Teleradiology is increasingly common, particularly for after-hours and overnight readings. A radiologist who reads images remotely is held to the same standard of care as one reading them in person. If a teleradiology service misread your imaging study, both the individual radiologist and the teleradiology company may be liable. Our attorneys know how to identify and pursue these defendants.
We handle all medical malpractice cases, including imaging misinterpretation claims, on a contingency fee basis. There are no upfront attorney fees. You pay nothing unless we recover compensation for you. Your initial consultation is free, and we invest our own resources in investigating and litigating your case because we are committed to achieving the best possible outcome on your behalf.
Orlando Imaging Misinterpretation — Client Story
This client story is for educational purposes only.
Sandra was a 52-year-old woman from the Orlando area who received her annual mammogram at a local women’s imaging center. The radiologist’s report noted no significant findings. Sandra went about her life reassured that everything was fine. Fourteen months later, she felt a lump in her breast herself and returned to her physician, who ordered another mammogram and ultrasound. The new imaging revealed a significant tumor, and biopsy confirmed breast cancer. At staging, the cancer was found to be at stage III — it had spread to her lymph nodes.
Sandra’s oncologist reviewed the prior mammogram and noticed a suspicious area that, in retrospect, should have prompted a call-back and biopsy. Sandra and her family contacted Faiella & Gulden, P.A. The firm retained a board-certified radiologist to review the original mammogram, and the expert confirmed that the suspicious calcifications were present and visible, and that the standard of care required further evaluation at the time of the original read. A second expert confirmed that had the cancer been identified at that earlier mammogram, Sandra would have been diagnosed at stage I — with a dramatically better prognosis and significantly less aggressive treatment.
Faiella & Gulden, P.A. completed the required Florida pre-suit process and pursued a full claim on Sandra’s behalf. The case ultimately resolved in a manner that provided Sandra with resources for ongoing treatment, lost income compensation, and recognition of the profound impact the delayed diagnosis had on her life and health.
Contact Faiella & Gulden, P.A. — Orlando CT Scan / MRI / X-Ray / Mammogram Misinterpretation Lawyers
A misread imaging study can change — or cost — a patient’s life. If you or a loved one suffered serious harm because a CT scan, MRI, X-ray, or mammogram was misinterpreted and a critical diagnosis was missed or delayed, the attorneys at Faiella & Gulden, P.A. are ready to help. We offer free consultations, work on a contingency fee basis with no fees unless we win, and we get started on your case immediately. Call us today at (407) 470-1225 or fill out our online contact form to speak with an Orlando imaging misinterpretation lawyer.
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If you really need an excellent plaintiff’s attorney and one that will give you the attention required and help you resolve your legal issue to the best possible resolution – THIS is the BEST law firm to go to. With all the advertising and very superficial legal service we seem to be inundated with these days, it is rare indeed to see attorneys like Faiella and Gulden who are the “real deal” and actually practice law with character, professionalism, and a true sense of respect and responsibility for their clients.
