MRI Missed Brain Injury Claims in New York

When you suffer head trauma, an MRI scan often seems like the definitive test to detect brain injury. However, research shows that standard MRI and CT scans miss approximately 80% of traumatic brain injuries. This diagnostic failure leaves thousands of patients in New York without proper treatment and, in many cases, constitutes medical malpractice. If you received a “normal” MRI result but continue experiencing cognitive problems, memory loss, headaches, or other neurological symptoms, the imaging may have missed your brain injury entirely.

Why MRI Scans Miss Brain Injuries

MRI technology revolutionized medical diagnostics, but it has inherent limitations when detecting certain types of brain trauma. According to comparative research published in the National Institutes of Health database, CT scans miss 10-20% of abnormalities that MRI detects, yet even MRI fails to identify many microscopic injuries that cause debilitating symptoms.

Standard MRI sequences excel at identifying macroscopic lesions such as large hemorrhages, skull fractures, and substantial tissue damage. The problem arises with microscopic neural damage that occurs at the cellular level. When brain tissue experiences violent acceleration or deceleration during an accident, individual nerve fibers stretch and tear without creating visible structural changes on standard imaging. As of 2025, this remains a significant challenge in emergency medicine despite advances in imaging technology.

Several factors contribute to missed diagnoses on MRI scans:

• Timing of the scan: Brain injuries evolve over hours and days. An MRI performed immediately after trauma may miss injuries that become apparent 24-48 hours later as swelling develops and cellular damage progresses.
• Equipment limitations: Older MRI machines with lower magnetic field strength lack the resolution to detect subtle abnormalities. Standard imaging protocols may not include sequences sensitive to microhemorrhages.
• Radiologist interpretation: Even with quality images, radiologists must recognize and document subtle findings. Fatigue, workload, and varying levels of neuroradiology expertise affect diagnostic accuracy.
• Standard protocol limitations: Many emergency departments use abbreviated MRI protocols designed for speed rather than comprehensive brain injury detection.

Types of Brain Injuries Commonly Missed by MRI

Certain brain injury patterns are particularly prone to being missed on standard MRI imaging. Understanding these injury types helps explain why patients with “normal” scan results continue experiencing severe symptoms.

Diffuse Axonal Injury

Diffuse axonal injury represents one of the most commonly missed yet devastating types of traumatic brain injury. This injury occurs when rotational forces cause widespread damage to nerve fibers throughout the brain. The individual axons stretch and tear at a microscopic level, disrupting neural communication without creating visible lesions on standard imaging.

Patients with diffuse axonal injury experience significant cognitive impairment, memory problems, and personality changes despite normal MRI results. The injury’s diffuse nature means damage spreads across multiple brain regions rather than concentrating in one visible location. Standard MRI sequences lack the sensitivity to detect these microscopic tears in white matter tracts.

Microhemorrhages

Tiny bleeding points throughout the brain, called microhemorrhages, often escape detection on conventional MRI sequences. These small hemorrhages indicate traumatic axonal injury and correlate with worse neurological outcomes. According to neuroimaging research, specialized sequences like susceptibility-weighted imaging detect microhemorrhages with six times greater sensitivity than standard imaging.

Mild Traumatic Brain Injury

Mild traumatic brain injury, commonly called concussion, frequently shows no abnormalities on standard MRI. Approximately 75% of all traumatic brain injuries fall into the mild category. While “mild” in classification, these injuries produce significant symptoms including headaches, dizziness, cognitive difficulties, and emotional changes that persist for months or years.

The absence of visible damage on MRI does not mean the injury lacks severity. Functional impairment occurs at the cellular and chemical level, disrupting neural networks without producing structural changes visible on conventional imaging.

Hypoxic-Ischemic Injury

Brain damage from oxygen deprivation poses particular diagnostic challenges. In the early stages following hypoxic injury, standard MRI may appear completely normal despite severe ongoing cellular damage. The imaging changes that eventually make the injury visible may not develop for 24-48 hours or longer. By that time, critical treatment windows have closed and secondary injury has progressed.

Detection Rates: MRI vs CT Scans Comparison

Medical professionals frequently debate whether MRI or CT imaging provides superior brain injury detection. Research provides clear evidence that each modality has distinct advantages and limitations in the emergency setting.

According to systematic review data, MRI demonstrates superior sensitivity for detecting parenchymal lesions, identifying these injuries in 75% of patients compared to 50% detection with CT scans. This represents a significant difference in diagnostic capability, particularly for smaller injuries that may have substantial clinical impact.

Despite MRI’s superior sensitivity, CT scanning remains the first-line imaging in acute trauma due to speed, availability, and ability to detect life-threatening hemorrhages requiring immediate surgical intervention. However, research from the National Library of Medicine demonstrates that patients who receive brain MRI during hospitalization have 68% lower mortality rates compared to those receiving only CT scans.

This mortality benefit likely reflects MRI’s ability to detect injuries CT misses, allowing physicians to identify patients requiring intensive monitoring and targeted treatment. When initial CT appears normal but patients demonstrate clinical signs of brain injury, MRI frequently reveals abnormalities explaining the symptoms.

Advanced Imaging Techniques That Improve Detection

Medical technology continues to evolve in 2025, with specialized imaging techniques dramatically improving brain injury detection beyond standard MRI sequences. When standard MRI yields normal results despite ongoing symptoms, these advanced modalities often reveal the underlying injury.

Susceptibility-Weighted Imaging (SWI)

Susceptibility-weighted imaging represents a major advancement in detecting traumatic microhemorrhages. This MRI technique exploits differences in magnetic susceptibility between tissues, making it exquisitely sensitive to blood products. According to neuroimaging research, SWI demonstrates six times greater sensitivity for microhemorrhage detection compared to traditional T2-weighted imaging.

These microhemorrhages serve as markers of traumatic axonal injury. While each hemorrhage may measure only a few millimeters, their presence and distribution pattern indicate widespread microscopic damage throughout brain white matter. Patients with numerous microhemorrhages on SWI imaging typically experience more severe and prolonged symptoms despite normal conventional MRI.

Diffusion Tensor Imaging (DTI)

Diffusion tensor imaging measures water molecule movement along nerve fiber tracts, revealing damage to white matter connections that appear normal on standard imaging. This technique produces detailed maps of brain connectivity, highlighting areas where axonal damage has disrupted normal neural pathways.

DTI proves particularly valuable for detecting non-hemorrhagic diffuse axonal injury, which standard MRI completely misses in 89% of cases. The technique quantifies white matter integrity, allowing physicians to correlate imaging findings with clinical symptoms and predict long-term outcomes.

Functional MRI (fMRI)

Functional MRI detects changes in brain activity patterns rather than structural damage. After traumatic brain injury, certain brain regions may show abnormal activation during cognitive tasks even when anatomical imaging appears completely normal. This functional disruption explains why patients experience significant cognitive impairment despite having a “normal” standard MRI.

Magnetic Resonance Spectroscopy (MRS)

MRS analyzes brain chemistry, detecting metabolic changes that occur after injury before structural damage becomes visible. This technique measures concentrations of key neurochemicals, revealing cellular dysfunction and providing early evidence of injury when conventional imaging shows nothing.

When Missed Diagnoses Constitute Medical Malpractice

Not every missed brain injury diagnosis rises to the level of medical malpractice. New York law requires proving that healthcare providers deviated from accepted standards of care and that this deviation directly caused harm to the patient.

Medical malpractice occurs when a reasonably competent physician in the same specialty, facing similar circumstances, would have made the correct diagnosis. The standard involves several elements that must work together to establish liability.

Duty of Care

The physician-patient relationship creates a legal duty to provide competent medical care. When you present to an emergency department or physician’s office with head trauma, healthcare providers assume responsibility for appropriate evaluation and diagnosis.

Breach of Standard of Care

Determining whether care fell below accepted standards requires expert testimony from physicians in the same specialty. Common breaches in brain injury cases include:

• Failure to order appropriate imaging: When clinical presentation suggests brain injury but physicians rely solely on normal CT results without ordering MRI for further evaluation
• Inadequate imaging protocols: Using abbreviated MRI sequences that lack sensitivity for traumatic brain injury detection
• Radiologist interpretation errors: Missing visible abnormalities on imaging studies due to inattention, fatigue, or inadequate expertise in neuroimaging
• Failure to correlate clinical findings: Dismissing patient symptoms as psychological or exaggerated despite clear neurological signs that warrant further investigation
• Premature discharge: Releasing patients without appropriate observation when they demonstrate signs requiring ongoing monitoring

Causation

You must demonstrate that the diagnostic error directly caused additional harm. This often involves showing that earlier diagnosis would have led to treatment preventing further injury or that delayed diagnosis allowed the condition to worsen. In brain injury cases, delayed diagnosis may result in missed opportunities for neuroprotective interventions or rehabilitation that could have improved outcomes.

Damages

Compensable harm includes medical expenses, lost income, pain and suffering, and diminished quality of life resulting from the diagnostic failure. The missed diagnosis must have created measurable consequences beyond the original injury itself.

Real Case Examples: MRI Malpractice Lawsuits in New York

Case Example: Clifford v. Prenuvo (2024)

In Clifford v. Prenuvo, a high-profile case filed in New York State Supreme Court on September 24, 2024, illustrates the serious consequences when radiologists miss critical findings on brain MRI scans. Sean Clifford sued Prenuvo and radiologist William A. Weiner after an allegedly missed diagnosis on a whole-body MRI scan performed in 2023.

According to court documents, Clifford underwent a whole-body MRI at Prenuvo’s New York City location on July 15, 2023. The scan, which cost $2,500, was interpreted by Dr. Weiner, an independent contractor working with Nexray Medical Imaging. The lawsuit alleges that the radiologist failed to identify a 60% narrowing and irregularity in the right middle cerebral artery, visible on the imaging but not documented in the radiology report.

Eight months later, on March 7, 2024, Clifford suffered a catastrophic stroke in the same brain region where the arterial narrowing appeared on the previous MRI. The complaint contends that the July 2023 imaging showed clear warning signs of the impending stroke, and proper identification would have allowed preventive intervention to avoid the devastating outcome.

The case highlights several critical issues in radiology malpractice:

• Interpretation standards: Even with quality imaging, radiologists must recognize and document abnormal findings that may have serious clinical implications
• Incidental findings: Whole-body scans often reveal unexpected abnormalities requiring appropriate follow-up, and failure to identify these findings may constitute negligence
• Jurisdictional implications: Prenuvo attempted to apply California law, which caps malpractice damages, but a New York judge ruled that New York law governs the case, allowing Clifford to seek full compensation without artificial limits

This case underscores the importance of radiologist expertise and attention to detail. A single missed finding on an MRI scan can have life-altering consequences when it deprives patients of opportunities for preventive treatment.

Case Example: Anonymous v. Hospital (2025)

In Anonymous v. Hospital, a recent New York case from early 2025, a motor vehicle accident victim was discharged from the emergency department after a CT scan and standard MRI both appeared normal. The patient continued experiencing severe cognitive difficulties and personality changes. Three months later, a specialist ordered advanced susceptibility-weighted imaging that revealed multiple microhemorrhages throughout the brain consistent with diffuse axonal injury. By that time, critical rehabilitation windows had closed, and the patient’s recovery potential had significantly diminished. The delayed diagnosis case settled confidentially but highlights how standard imaging protocols fail to detect injuries requiring specialized sequences.

Proving a Missed Brain Injury Malpractice Claim in New York

Successfully pursuing a medical malpractice claim for a missed brain injury diagnosis requires assembling comprehensive evidence documenting both the diagnostic failure and resulting harm. New York’s medical malpractice framework establishes specific requirements plaintiffs must satisfy.

Medical Records Documentation

Complete medical records form the foundation of any malpractice claim. These records must demonstrate the clinical presentation at the time of evaluation, the diagnostic workup performed, the imaging studies ordered and interpreted, and the treatment provided. Gaps or inconsistencies in documentation often become focal points during litigation.

You have the legal right to obtain copies of all medical records related to your care. This includes emergency department records, radiology reports, actual imaging studies, physician notes, nursing documentation, and any subsequent treatment records. Reviewing these materials with an experienced attorney helps identify potential departures from standard care.

Expert Medical Testimony

New York law requires qualified medical experts to testify that the care you received fell below accepted standards. In brain injury cases, this typically involves two types of experts:

• Diagnostic radiology experts: Board-certified radiologists who can review your imaging studies and testify whether a competent radiologist should have detected the abnormalities present on your scans
• Neurology or neurosurgery experts: Physicians who can explain how the missed diagnosis affected your treatment and outcome, establishing that earlier detection would have changed your prognosis

The defense will present its own experts claiming the care met acceptable standards. Strong malpractice claims require experts with impressive credentials and clear, compelling testimony that juries can understand.

Demonstrating Causation

Causation poses particular challenges in brain injury diagnostic error cases because you must prove the diagnostic error worsened your condition beyond the original trauma. This often requires showing that:

• Earlier diagnosis would have led to treatments or interventions unavailable once the injury was finally discovered
• Delayed treatment allowed secondary injury mechanisms to cause additional brain damage
• Missed diagnosis resulted in inappropriate discharge without necessary monitoring, leading to complications
• The diagnostic failure prevented rehabilitation during critical time windows when neuroplasticity allows maximum recovery

Quantifying Damages

Brain injuries produce both economic and non-economic damages. Economic damages include:

• Past and future medical expenses for treatment, rehabilitation, and ongoing care
• Lost wages and diminished earning capacity if the injury prevents you from returning to your previous employment
• Home modifications and assistive equipment costs
• Long-term care expenses if the injury requires ongoing assistance with daily activities

Non-economic damages compensate for pain and suffering, loss of enjoyment of life, cognitive impairment, emotional distress, and loss of consortium. Brain injuries often produce profound non-economic impacts that significantly exceed the economic losses.

New York Statute of Limitations for MRI Malpractice

New York law imposes strict time limits for filing medical malpractice lawsuits. According to New York medical malpractice statutes, you generally have 2.5 years from the date of the alleged malpractice to file a lawsuit. Missing this deadline typically results in permanent loss of your right to pursue compensation, regardless of how strong your case may be.

When the Clock Starts

The statute of limitations generally begins running on the date the malpractice occurred, which in missed diagnosis cases is typically the date of the negligent imaging interpretation. However, brain injury cases sometimes involve complex timing questions.

If you received an MRI in January 2023 but did not discover the radiologist missed critical findings until you suffered a stroke in March 2024, determining when the statute of limitations began requires careful legal analysis. New York recognizes a limited “discovery rule” that may extend the filing deadline in certain circumstances.

The Discovery Rule and Its Limitations

New York’s discovery rule allows the statute of limitations to begin when you discover, or reasonably should have discovered, the malpractice rather than when it actually occurred. However, this rule has significant limitations in New York.

Importantly, New York’s Lavern’s Law extends the discovery rule specifically for cancer misdiagnosis cases but does not provide the same protection for other missed diagnoses, including brain injuries. This legislative choice means that brain injury victims may not benefit from extended filing deadlines even when the diagnostic error was impossible to discover immediately.

The Absolute 10-Year Cap

Regardless of when you discovered the malpractice, New York law prohibits filing a medical malpractice lawsuit more than 10 years after the negligent act occurred. This absolute deadline applies even if you could not reasonably have discovered the malpractice earlier.

Exceptions and Special Circumstances

Certain circumstances may toll or extend the statute of limitations:

• Continuous treatment: If the same physician who committed malpractice continues treating you for the same condition, the statute of limitations may not begin until the treatment relationship ends
• Foreign object cases: When a foreign object is left in the body during a procedure, different time limits may apply
• Fraudulent concealment: If healthcare providers actively concealed evidence of malpractice, courts may extend filing deadlines

Damages Available in Missed Brain Injury Cases

New York law allows recovery of both economic and non-economic damages in medical malpractice cases. Brain injury cases frequently involve substantial damages due to the profound and permanent nature of neurological impairment.

Economic Damages

Economic damages compensate for quantifiable financial losses resulting from the missed diagnosis. These damages include:

Medical Expenses: All healthcare costs related to diagnosing and treating the brain injury, including emergency care, hospital stays, neuroimaging studies, rehabilitation services, medications, and assistive devices. For severe brain injuries, lifetime medical costs may reach several million dollars.

Lost Income: Compensation for wages lost during recovery and any reduction in future earning capacity. Brain injuries often prevent return to previous employment, particularly in cognitively demanding professions. Economic experts calculate lost earning capacity by comparing your pre-injury earnings trajectory to post-injury earning potential.

Long-Term Care: Severe brain injuries may require ongoing assistance with daily activities, either through family caregiving or professional home health services. Courts compensate for the cost of this care over your projected lifetime.

Home Modifications: Adapting your living environment to accommodate physical or cognitive limitations, including wheelchair accessibility modifications, safety features to prevent wandering, and assistive technology.

Non-Economic Damages

Non-economic damages compensate for intangible losses that significantly impact quality of life but lack precise dollar values:

Pain and Suffering: Physical pain, emotional distress, and mental anguish resulting from the brain injury and its consequences. Brain injury victims often experience chronic headaches, cognitive frustration, depression, and anxiety.

Loss of Enjoyment of Life: Inability to participate in activities and experiences that previously brought pleasure and fulfillment. This includes hobbies, sports, social activities, and life milestones affected by cognitive or physical limitations.

Cognitive Impairment: The loss of mental faculties, including memory, concentration, executive function, and problem-solving abilities. These losses often prove more devastating than physical disabilities.

Loss of Consortium: Compensation for family members who suffer loss of companionship, affection, and support due to personality changes and functional limitations caused by the brain injury.

Punitive Damages

New York law rarely awards punitive damages in medical malpractice cases. These damages, designed to punish particularly egregious conduct and deter future misconduct, require proof of gross negligence or intentional wrongdoing. Simple negligence or even significant mistakes do not justify punitive damages under New York law.

No Damage Caps

Unlike some states, New York does not cap damages in medical malpractice cases. The jury determines appropriate compensation based on evidence of your actual losses and impairment. This absence of caps proves particularly important in severe brain injury cases where damages may reach several million dollars.

What to Do If Your MRI Results Were Normal But You Have Symptoms

Continuing neurological symptoms despite a “normal” MRI scan creates a frustrating situation. However, normal imaging does not rule out significant brain injury, and you should take specific steps to protect both your health and legal rights.

Seek a Second Opinion

Request evaluation by a neurologist or neurosurgeon who specializes in traumatic brain injury. These specialists understand that standard MRI often misses injuries and know when to order advanced imaging techniques. Be specific about your symptoms and how they impact daily function.

Consider seeking evaluation at a comprehensive traumatic brain injury center where physicians have access to advanced imaging modalities and extensive experience diagnosing subtle injuries. These centers often employ neuropsychologists who can document cognitive deficits even when imaging appears normal.

Request Advanced Imaging

Ask whether advanced MRI sequences might detect injuries that standard imaging missed. Specifically inquire about:

• Susceptibility-weighted imaging for microhemorrhage detection
• Diffusion tensor imaging to assess white matter integrity
• Magnetic resonance spectroscopy to evaluate brain metabolism
• Functional MRI to assess brain activation patterns

Insurance companies may initially deny coverage for advanced imaging, claiming standard MRI is sufficient. However, when symptoms persist despite normal conventional imaging, these advanced studies often provide medical justification for continued treatment and disability benefits.

Document Your Symptoms

Maintain a detailed journal documenting daily symptoms, functional limitations, and how the injury affects work, relationships, and activities. Include specific examples of cognitive difficulties, such as forgetting important meetings, struggling with tasks previously performed easily, or becoming lost in familiar locations.

This documentation serves multiple purposes: it helps physicians understand the injury’s impact, provides evidence supporting your disability claims, and creates a contemporaneous record valuable in potential malpractice litigation.

Obtain Complete Medical Records

Request copies of all medical records related to your injury, including the actual MRI images, not just the radiology report. Having an independent neuroradiologist review the actual imaging sometimes reveals missed abnormalities that the original radiologist failed to document.

Consult an Experienced Attorney

If you suspect a missed diagnosis, consult a New York medical malpractice attorney who handles brain injury cases. Many malpractice attorneys offer free initial consultations to evaluate whether you have a viable claim. Early consultation allows you to preserve evidence and meet statute of limitations deadlines.

How a New York Brain Injury Lawyer Can Help

Medical malpractice cases involving missed brain injury diagnoses require substantial legal, medical, and financial resources. An experienced New York brain injury attorney provides crucial assistance throughout the claims process.

Case Investigation and Evaluation

Attorneys experienced in medical malpractice conduct thorough investigations to determine whether your care fell below accepted standards. This investigation includes:

• Obtaining and reviewing complete medical records
• Consulting with medical experts who can identify deviations from standard care
• Arranging independent review of imaging studies by qualified neuroradiologists
• Researching similar cases and outcomes to establish reasonable compensation expectations

Many malpractice claims initially appear weak but prove meritorious after thorough investigation. Conversely, some cases that seem compelling lack the medical and legal support necessary for successful litigation. Early evaluation prevents wasting time and resources pursuing claims unlikely to succeed.

Expert Witness Recruitment

Medical malpractice cases require qualified expert witnesses who can explain complex medical concepts to juries and establish that care fell below accepted standards. Attorneys maintain relationships with respected medical experts nationwide and know which experts provide credible, compelling testimony.

Your attorney manages all expert witness communications, ensuring experts receive necessary records and information to formulate opinions. This includes arranging expert depositions and trial testimony when cases proceed to litigation.

Negotiation and Settlement

Most medical malpractice cases settle before trial through negotiation with defendants’ insurance carriers. Experienced attorneys understand how insurance companies value claims and can negotiate effectively to obtain fair compensation. They present evidence demonstrating both liability and damages in ways that compel reasonable settlement offers.

Your attorney also advises whether settlement offers adequately compensate for your losses or whether proceeding to trial serves your interests better. This requires understanding both the strengths and weaknesses of your case and the risks inherent in litigation.

Trial Litigation

When settlement negotiations fail to produce fair compensation, your attorney prepares the case for trial. Medical malpractice trials require extensive preparation, including deposing witnesses, preparing expert testimony, developing demonstrative exhibits, and crafting compelling narratives that juries can understand and remember.

Brain injury cases present unique challenges in communicating invisible injuries to juries. Skilled trial attorneys use medical illustrations, day-in-the-life videos, and testimony from family members to help jurors understand how the injury impacts every aspect of your life.

Contingency Fee Representation

Most medical malpractice attorneys work on contingency fee arrangements, meaning you pay no attorney fees unless you recover compensation. The attorney receives a percentage of any settlement or verdict obtained. This arrangement allows injured patients to pursue justice without upfront legal costs.

Schedule a consultation to discuss your situation. Contact us today to learn how we can help you pursue the compensation you deserve.