Prenuvo Malpractice Case to Proceed Without Damage Cap Per Court Ruling

A malpractice lawsuit involving whole-body MRI provider Prenuvo will proceed under New York law after a state Supreme Court judge denied the company’s attempt to limit potential damages, a decision with implications for radiologists and direct-to-consumer imaging providers.

The case involves a New York patient who underwent a $2,500 whole-body MRI scan marketed as a preventive screening exam. According to court filings, the radiology report described cerebral vasculature as normal. Approximately one year later, the patient experienced a major ischemic stroke resulting in permanent disability. Independent clinical review later identified significant vascular stenosis that plaintiffs allege was visible on the original MRI images.

The lawsuit asserts medical malpractice and negligence claims against both Prenuvo and the interpreting radiologist, alleging failure to identify and report clinically actionable findings that may have prompted earlier intervention.

Prenuvo sought dismissal or limitation of damages by invoking arbitration clauses in patient agreements and arguing that California’s Medical Injury Compensation Reform Act (MICRA)—which caps noneconomic damages—should apply. The court rejected these arguments, ruling that New York law governs because the patient received care in the state. As a result, the defendants now face uncapped malpractice damages.

For radiologists, the ruling highlights evolving liability considerations associated with whole-body MRI, particularly in asymptomatic populations. Experts note that while such exams are often positioned as wellness or screening tools, image interpretation and reporting remain subject to conventional standards of care.

The case also underscores the importance of clearly communicating the scope and limitations of whole-body MRI, as well as the need for structured reporting and follow-up recommendations when potentially significant findings are present.

As the preventive imaging market continues to expand, the Prenuvo litigation may influence malpractice risk assessment, multistate practice considerations, and professional guidelines surrounding whole-body MRI interpretation and patient counseling.