Could you not just sue the hospital for the first botched CAT scan for the fear and distress of going through the frightening procedure for a second time especially of you suffer from claustrophobia.

You could even argue in court that the CAT scan was a financial scam by the hospital when a much more cost effective way of determining a medical diagnosis was available to you, but was not offered. Get a lawyer to seize the hospitals billing records for the CAT scan machine to see how many previous patients ended up paying twice for a single CAT scan.