Neurologist with EEG Incentive Contract Falsely Diagnosed Plaintiff (and Allegedly Hundreds More); $3M Verdict

June 3, 2020 | Strategic Insights for Health System


In a lawsuit against a pediatric neurologist, a hospital, and other defendants, a $3.03 million verdict has been returned for a pediatric patient whom the neurologist falsely diagnosed with epilepsy, according to an article in the May 2020 issue of Medical Malpractice Verdicts, Settlements & Experts.

Under an incentive contract with the hospital, the neurologist was paid for each electroencephalogram (EEG) he ordered. The patient, who was nine years old at the time and experiencing headaches, was referred to the neurologist for evaluation. When the neurologist asked the patient's mother whether the patient daydreamed frequently, the mother answered yes. The neurologist ordered an EEG, then diagnosed the patient with epilepsy. The medications the neurologist prescribed to treat the epilepsy caused side effects that led the patient's school peers to tease and socially isolate her. The neurologist ordered nine EEGs for the patient; although...

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