Negligence scenario (Civil Law Proceeding)

A patient reported sustaining injuries from lack of proper attention/negligent assistance while undergoing x-rays and retained a lawyer to claim for damages.

  • Insurer hired an independent adjuster to investigate and it was found the technologist had been negligent in that matter.
  • Insurer paid $5,500 ( bodily injury settlement + $1,424 in adjusting fees)

Disciplinary scenario

An elderly patient filed a complaint with the College alleging the technologist was abrupt and injured her while performing a CT scan.

  • Counsel assisted the insured member with a response to the College and attended the meeting with a representative of the College to address the merits of the complaint.
  • The College found the complaint had no merit.
  • Insurer paid $9,735 in legal fees.

Disciplinary scenario

A patient filed a complaint with the College alleging the technologist had touched her inappropriately during an x-ray session and was uncomfortable with the manner in which she was handled during the test.

  • The insured member retained a lawyer to assist with the response to the College and to attend the hearings.
  • The College concluded the member was not guilty of professional misconduct.
  • Insurer paid $12,125 in legal fees.

Criminal Scenario

In the previous disciplinary scenario, the patient also filed for sexual assault under the criminal code.

  • Under the CAMRT’s PLI plan there is an extension for criminal defense costs (often not the case with employer or union-provided plans).

Other Common Claims Examples

  • Falling off a table or stool during a procedure and sustaining a bodily injury
  • Patient briefing error re informed consent
  • Treatment of the wrong patient (patient identification error)
  • Releasing information without the patient’s consent
  • Accusation of sexual misconduct upon inadvertent touching of sexual organ
  • Imaging the wrong limb
  • Treating the wrong area with radiation therapy
  • Divulging information on a patient record
  • Lifting a patient causing bodily injury
  • Breast implant problem during radiation therapy or mammogram
  • Unprofessional: attitude, voice, tone, etc.