Professional Negligence Law Reporter

Doe, a 14-year-old boy, began experiencing headaches, balance issues, fatigue, and dizziness. In 2015, he underwent an MRI at Florence MRI & Imaging, which radiologist Zachary Kilpatrick interpreted as showing no abnormalities, critical findings, or cause for concern. Doe’s symptoms continued intermittently, and he underwent a second MRI in 2018. Kilpatrick identified a brain tumor on this scan.

Doe underwent surgery to remove a tumor of the cerebellum and was treated with radiation and chemotherapy. He suffered a debilitating stroke and continues to experience disabling symptoms, including severe nausea, vision and speech deficits, and difficulty walking.

Doe sued Kilpatrick and Medquest Associates, Inc., which allegedly owned, operated, and managed Florence MRI, claiming that Kilpatrick had failed to diagnose the brain tumor, which was present on the first MRI. The plaintiff charged that the doctor had spent less than a minute reviewing the 251 images from Doe’s MRI.

Suit also alleged that Medquest was liable under a corporate negligence theory for failing to properly deliver its radiological services. The plaintiff claimed that Medquest’s corporate policy prioritized profits over patient care and, through its monitoring system, encouraged radiologists to turn around images within a mandatory time frame.

The parties settled for $28.5 million. Medquest agreed to mandate a second reading of all pediatric MRIs and CT scans; head, neck, and spine MRIs for all patients; and scans of other high-risk patients.

Citation: Pritchett v. Kilpatrick, No. 2019-CP-40-06306 (S.C. Cir. Ct. Richland Cty. Dec. 2021).

Plaintiff counsel: AAJ members William Applegate and Perry Buckner, both of Charleston, S.C.