Delayed Medical Scans in Public Hospitals: Your Right to Compensation

DATE 15/05/2025

What’s Causing the Delays in Medical Imaging?

Recent reports from The Age and Sydney Morning Herald reveal troubling delays in public hospital imaging services in Victoria and NSW. Staff shortages and a lack of imaging equipment are causing some patients to wait up to 12 months for scans necessary to diagnose serious conditions, including cancer.

These delays not only prolong uncertainty but also prevent timely treatment of potentially curable conditions — putting lives at risk.

 

Examples of How Scan Delays Can Affect Patients

Delays in medical imaging can have devastating consequences. Some hospitals have even had to turn away patients needing urgent results, while radiologists are being pulled from vital planning meetings to try and address backlogs.

At Westmead Hospital in Sydney, for example, patients have waited up to two months for MRI and imaging reports due to a shortage of radiologists, despite significant outsourcing efforts.

 

When Do Delays Become Medical Negligence?

Under Australian law, patients may be entitled to compensation when delays in diagnosis or treatment amount to medical negligence. Common examples include:

  • Failure to refer a patient for investigative scans in a timely manner
  • Delays in reporting or misreporting scan results
  • Delayed investigation of symptoms suggesting a serious condition
  • Excessive waiting times for essential imaging or procedures
  • Failure to refer to a specialist without reasonable justification
  • Neglecting to follow up with a patient when necessary
  • Delayed implementation of treatment after diagnosis

To succeed in a claim, the patient must show that the delay breached a duty of care and that this breach caused avoidable harm.

 

Time Limits for Medical Negligence Claims

It’s important to act quickly. In most delayed diagnosis cases, strict legal timeframes apply:

  • Three years from when you became aware of the injury or negligence (the “discovery” rule)
  • A maximum of 12 years from when the negligence occurred — regardless of when it was discovered

Some exceptions may apply, particularly in complex or severe cases, so it’s vital to seek advice promptly.

 

How Stacks Goudkamp Can Help

At Stacks Goudkamp, we have extensive experience in medical negligence and delayed diagnosis claims. Our legal team works with medical experts to determine how an earlier diagnosis could have changed your outcome.

We gather critical evidence such as:

  • Medical records and surgical notes
  • Independent specialist reports
  • Test results and imaging
  • Witness accounts from healthcare staff
  • Your own statement detailing the timeline and impact

Our team can assess whether your delay meets the legal threshold for compensation — and guide you every step of the way.

 

Speak to a Medical Negligence Lawyer Today

If you or a loved one has suffered due to delayed diagnosis or treatment, contact Stacks Goudkamp as soon as possible. Early advice ensures your rights are protected and gives us the best chance to gather vital evidence within the legal time limits.

 

CONTACT US

Contact your local team for a free consultation to find out if you are eligible for compensation

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