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Notes -
https://radiologybusiness.com/topics/healthcare-management/legal-news/whole-body-mri-provider-prenuvo-loses-bid-limit-damages-high-profile-malpractice-case
Prenuvo, the preventative full body MRI company, missed a finding related to a stroke. Is being sued. Tried to go to arbitration, failed. Tried to sue in California for lower torts, also failed (Interesting strategy. The scan was in NY).
The specifics is that the radiologist missed a middle cerebral artery stenosis of 60% and the guy subsequently had a devastating stroke likely from it.
/r/medicine is having a field day of it: https://old.reddit.com/r/medicine/comments/1pzre3d/prenuvo_whole_body_mri_misses_impending_stroke/.
Scattered thoughts:
Yup, and so is the defense neurologist. Treating physicians aren't experts. I mean, they may be in another case, but if they have direct involvement they can only testify to facts. These facts may concern their thought process and what the relevant standard of care was, but the Voice of God is going to come from a hired gun who is being paid to say that the treating physician did nothing wrong.
As for the rest of it, yeah, that's dynamite; I'm sure it will make for good conversation at cocktail parties. You've just given a bunch of arguments that I'm sure sound persuasive to other doctors and to people like those here who aren't doctors but are willing to give you the benefit of the doubt because we have no medical experience of our own. Unfortunately if this goes in front of a jury there's going to be another guy who makes equally persuasive (to them) arguments and of course you're saying that the standard of care was followed because it's your ass on the line and of course the other guy has motivation to say that it wasn't followed and in the end it's all going to come down to... something, but it's hard to predict what. So all that stuff you just laid out is a great argument to make to Plaintiff's counsel, who has done this for a while and knows a thing or two about medicine and juries and you may be able to convince him to settle for less than he otherwise would have, which was going to be nowhere near the tens of millions anyway because that only happens if it actually gets in front of a jury, and no one wants it to get in front of a jury.
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