Interventional Radiology Procedure Negligence Claims

Interventional Radiology (IR) explained

To understand what may have gone wrong, it is first important to understand exactly what this medical specialty involves. Unlike standard surgery, interventional radiology is often performed through a pinhole-sized incision, using imaging technology to "see" inside the body while the doctor works.

What Interventional Radiology is and how it differs from “Diagnostic Radiology”

Most people are familiar with Diagnostic Radiology. This involves taking pictures of the inside of the body to figure out what is wrong. Examples include X-rays, CT scans, or MRI scans. The primary goal is simply to gather information.

Interventional Radiology (IR) is different because it is a treatment, not just a picture-taking exercise. In IR, the doctor,known as an interventional radiologist,uses those images (like live X-rays or ultrasound) to guide instruments through the blood vessels or other pathways to treat a condition directly. Because they are actively treating the body, there are physical risks involved that do not exist with a simple diagnostic scan.

Common interventional radiology procedures in Irish hospitals

Interventional radiologists in Ireland perform a vast array of procedures every day, ranging from routine treatments to emergency life-saving measures. Some of the most common procedures include:

• Angiography and Angioplasty: Looking at blood vessels using dye and X-rays, and using small balloons to open up blocked arteries.
• Embolisation: Deliberately blocking a blood vessel to stop bleeding (such as after a trauma or childbirth) or to starve a tumour of its blood supply.
• Biopsies and Drainage: Taking a small tissue sample for testing or inserting a tube to drain infected fluid or an abscess from the body.
• Nephrostomy: Placing a small tube directly into the kidney to drain urine when the normal flow is blocked.
• Central Venous Access: Inserting long-term tubes (lines) into large veins for delivering chemotherapy or dialysis.
• Stents: Inserting small metal mesh tubes to keep an artery or other pathway open.
• IVC Filters: Placing a small filter in a large vein to catch blood clots and stop them from travelling to the lungs.

When harm after an interventional radiology procedure may raise concerns

Because these procedures involve inserting instruments deep into the body, they are invasive and carry inherent risks. However, there is a clear distinction between a risk that is unavoidable and harm caused by a failure in the standard of care. Concerns regarding negligence often arise in the following areas:

Consent and shared decision-making failures

Before any procedure, you must be fully informed about what is going to happen. In Irish law, a patient has the right to decide what risks they are willing to take. Failures here may include:

• Risks not explained: Significant risks or complications relevant to you were not discussed before you signed the form.
• Alternatives not offered: You were not told about other treatment options (such as open surgery or conservative management) that might have been safer for you.
• Patient concerns ignored: Specific questions you asked about the procedure were not answered truthfully or fully.

Planning and patient preparation errors

A successful procedure relies heavily on what happens before the radiologist even enters the room. If the preparation is flawed, the procedure can be dangerous. Issues here often involve:

• Allergies and Contrast Risk: Failure to check for allergies to the contrast dye used during imaging, leading to severe reactions.
• Kidney Function: Failing to check if a patient’s kidneys are strong enough to handle the contrast dye, potentially causing kidney failure.
• Anticoagulation (Blood Thinners): failing to manage a patient's blood-thinning medication properly, leading to excessive bleeding during or after the procedure.

Technical or equipment-related issues

While technical difficulties can happen to any doctor, there is an expected standard of competence. This category involves errors occurring during the procedure itself, such as guiding a wire into the wrong vessel, puncturing an organ unnecessarily, or using the wrong type of equipment (such as a stent of the wrong size) which leads to injury.

Post-procedure monitoring and escalation failures

The care provided immediately after the procedure is just as critical as the procedure itself. Nursing staff and junior doctors must be vigilant. Failures often include:

• Failure to recognise bleeding: Missing the signs of internal bleeding, such as a drop in blood pressure or a racing heart.
• Infection at the site: Failing to spot redness or swelling at the entry point (e.g., the groin or wrist).
• Physical deterioration: Not escalating care to a consultant when a patient complains of severe pain or coldness in a limb (which could suggest a blocked artery).

Communication failures after results or complications

Sometimes the error is not in the treatment, but in the communication of the result. This can happen if:

• Handover gaps: Critical information about a complication during the procedure is not passed on to the ward staff looking after the patient.
• Follow-up failures: A patient is sent home without arrangements for necessary follow-up scans, leading to a recurrence of the problem.

Distinguishing between known complications and avoidable errors

It is important to approach these cases with a realistic mindset. Interventional radiology deals with sick patients and complex anatomy. Not every poor outcome is due to negligence. Complications can occur even when the care provided was excellent. For example, a bruise at the puncture site is a common risk; however, massive internal bleeding that is ignored for hours is a different matter.

When we review a potential claim, the central task is distinguishing between a recognised complication (a risk that was accepted) and a preventable lapse in care.

Common themes in Irish radiology claims learnings

Data from bodies such as the State Claims Agency suggests that recurring themes in radiology-related claims often centre on communication and system failures, rather than just "bad hands" during surgery. Frequently, the issue is that a complication occurred, which is a known risk, but the reaction to that complication was too slow, leading to an injury that could have been avoided with quicker intervention.

How these cases are investigated: Evidence and Documentation

To determine if the standard of care fell below acceptable levels, a forensic review of the medical file is required. Memory is not enough; the written records tell the story of the timeline. Important documents usually include:

• Consent documentation: The form signed by the patient, which details exactly what risks were discussed.
• Procedure notes and imaging logs: The radiologist's step-by-step written account of the procedure, along with the digital log of the images taken.
• Medication and sedation records: Details of what drugs were given and when.
• Nursing observations: Charts recording blood pressure, pulse, and temperature after the procedure.
• Discharge instructions: What the patient was told to do upon leaving the hospital.

Establishing liability in an IR setting

Proving a medical negligence case in Ireland is a rigorous legal process. It is not enough to show that you were injured; we must prove two distinct elements.

Why independent expert evidence is central

A solicitor cannot decide if a doctor was negligent. To prove a breach of duty, we must obtain a report from an independent expert,usually a consultant interventional radiologist practising in the UK or elsewhere. This peer expert must confirm that the care you received fell below the standard expected of a competent radiologist acting with ordinary care.

Establishing causation (The link between lapse and harm)

Even if an error is proven, we must also prove causation. This means showing that the error actually caused your injury. We must demonstrate that, had the care been correct, you would likely have recovered or avoided the injury. If the injury would have happened anyway due to your underlying illness, a case cannot succeed.

Time limits for clinical negligence in Ireland

It is vital to be aware of the strict time limits that apply to bringing a legal action in Ireland.

Generally, the Statute of Limitations for medical negligence claims is two years. This clock usually starts ticking from the date the injury occurred. However, in many radiology cases, a patient may not know immediately that an error happened.

In these instances, the two-year period may start from the "date of knowledge",the date you first knew (or ought to have known) that your injury was significant and potentially caused by the medical treatment. Determining this date can be legally complex, and immediate legal advice is recommended.

There are exceptions to the two-year rule:

• If the claimant is a child (under 18), the time limits are different.
• Similarly, if a patient lacks the mental capacity to instruct a solicitor, time limits may be suspended.

Accessing your medical records and imaging in Ireland

You have a legal right to access your medical information. Seeing your records is often the first step in understanding what happened.

Access routes in the public and private systems

• Public Hospitals (HSE): You can request records under the Freedom of Information (FOI) Act. This is a statutory process with specific timelines for the hospital to respond.
• Private Hospitals: You can request records under Data Protection legislation (GDPR). This is known as a Subject Access Request.

Practical tips for requesting complete records

When requesting records for an interventional radiology claim, a general request may not be enough. You should specifically ask for:

• All imaging discs: The actual X-ray, CT, or MRI images on a CD or USB (not just the written reports).
• The Nursing Notes: Hand-written or digital notes from the nurses on the ward.
• GP Correspondence: Letters sent from the consultant to your GP after the procedure.

Practical next steps if you are unsure what happened

If you have suffered a complication and feel you are not getting clear answers, there are practical steps you can take immediately to protect your position.

• Writing down a clear timeline of events: As soon as you are able, write down a detailed chronology of what happened. Include dates, times, and the names of doctors or nurses you spoke to. Note down specific conversations, especially regarding what you were told about the risks before the procedure.
• Seeking an explanation from the provider: You have the right to ask for a meeting with your consultant to discuss what went wrong. It can be helpful to bring a family member with you to take notes. Listen carefully to their explanation of why the complication occurred.
• Preserving documents and correspondence: Keep copies of every letter, appointment card, and discharge summary you receive. Do not throw away any physical evidence, such as medication packaging or instructions given to you upon discharge.

How Michael Boylan LLP approaches these cases

At Michael Boylan LLP, we approach interventional radiology claims with a focus on forensic detail and compassionate client care. We do not promise outcomes, but we do promise a rigorous investigation into the facts.

Initial information review and record gathering

Our first step is to listen to your story. If we believe there are grounds for investigation, we will take up the burden of gathering your medical records and imaging from the relevant hospitals. We ensure the file is complete before any assessment takes place.

Expert input and liability assessment

We will then brief an appropriate independent expert to review your imaging and notes. We ask them to provide a screening opinion on whether the treatment was substandard and if that substandard care caused your injury.

Explaining the stages and what to expect

We believe in total transparency. We will explain the risks of litigation, the likely costs, and the timeline involved. We will guide you through every stage, from the initial letter of claim to settlement negotiations or, if necessary, trial. Our goal is to ensure you are never in the dark about your own case.

FAQs

What is the difference between diagnostic and interventional radiology?

Diagnostic radiology is used only to identify a problem (taking pictures), whereas interventional radiology uses those pictures to guide instruments inside the body to actively treat the problem.

Can a complication happen even when care is appropriate?

Yes. Every invasive procedure carries known risks. A complication becomes a legal issue only if it was caused by an error that a competent doctor would not have made, or if you were not properly warned of the risk beforehand.

Is clinical negligence handled through the Injuries Resolution Board?

No. Medical negligence cases are generally excluded from the Injuries Resolution Board because they involve complex liability investigations that the Board does not handle.

How long do I have to start a case in Ireland?

The general rule is two years from the date of the injury or the "date of knowledge" of the error. However, strict time limits apply, and it is safer to seek advice as soon as possible.

What if the procedure was in a private hospital?

The standard of care expected in a private hospital is the same as in a public hospital. You can bring a claim against a private consultant or hospital if negligence can be proven.

Speak to Michael Boylan LLP

If you or a family member has suffered a serious injury following an interventional radiology procedure, you likely have many questions. We are here to help you find the answers.

Please contact our team for a confidential discussion. We will provide you with practical information regarding your options and help you determine the best path forward.

Contact Michael Boylan LLP today.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.