Mandy, a 26 year old wife and mother of two young children, had symptoms of a stroke. She saw her family practice doctor who referred her to an imaging center for an MRI of the brain to rule out the possibility of a minor stroke. The radiologist reported no findings suggestive of a stroke. About ten hours later, Mandy had a catastrophic and permanently disabling stroke.
The radiologist’s expert witness was deposed and plaintiff was able to convincingly demonstrate that the MRI clearly showed a stroke in progress. Following the deposition, the case settled for the defendant radiologist’s $2 million policy limit with plaintiff refusing to sign a confidentiality agreement.