MRI Quality Issues in Personal Injury Claims | Long Island Lawyer | Jason Tenenbaum

Understanding MRI Quality Issues in Long Island Personal Injury Cases

For accident victims on Long Island and in New York City, MRI scans are often crucial pieces of evidence in personal injury claims. These medical imaging tests help document injuries like herniated discs, torn cartilage, and soft tissue damage that may not be visible on X-rays. However, not all MRI scans are created equal, and the quality of your MRI can significantly impact your case’s outcome and your insurance coverage.

The Growing Problem of MRI Quality Variations

Since many PIP disputes center around MRI scans, it seems fit to discuss a New York Times article that involves the efficacy of MRI Scans. The piece was published on March 1, 2009 and is entitled: “Good or Useless, Medical Scans Cost the Same”

My question: Will this allow “discovery” or “additional verification requests” in relation to certain MRI’s. For example, if a knee or shoulder MRI is a pre-requisite for surgery, will an insurance carrier seek the make, model and quality of the MRI machine as well as the actual films and deny the MRI (as well as the surgery) based upon the poor quality of the MRI machine and the films that result from the same? Read this article and ponder the above….

The Real-World Impact: A Case Study from New Jersey

When Gail Kislevitz had an M.R.I. scan of her knee, it came back blurry, “uninterpretable,” her orthopedist told her.

Her insurer refused to pay for another scan, but the doctor said he was sure she had torn cartilage that stabilizes the knee and suggested an operation to fix it. After the surgery, Ms. Kislevitz, 57, of Ridgewood, N.J., received a surprise: the cartilage had not been torn after all.

She had a long rehabilitation. And her insurer paid for the operation. But her knee is no better.

The Scope of the Medical Imaging Industry

More than 95 million high-tech scans are done each year, and medical imaging, including CT, M.R.I. and PET scans, has ballooned into a $100-billion-a-year industry in the United States, with Medicare paying for $14 billion of that. But recent studies show that as many as 20 percent to 50 percent of the procedures should never have been done because their results did not help diagnose ailments or treat patients.

“The system is just totally, totally broken,” said Dr. Vijay Rao, the chairwoman of the radiology department at Thomas Jefferson University Hospital, in Philadelphia.

Radiologists say a decent M.R.I. scan should have clearly shown whether the cartilage in Ms. Kislevitz, a meniscus, was torn. But bad scans, medical experts say, are part of a growing problem with medical imaging.

Why MRI Quality Matters for Long Island Accident Cases

For personal injury victims in Nassau County, Suffolk County, and the greater New York City area, understanding MRI quality issues is crucial. Here’s why:

1. Insurance Reimbursement Challenges

Many factors contribute. Insurers pay the same for a scan done on a 10-year-old machine as one on the latest model, though the differences in the images can be significant.

Insurers do not distinguish between scans that are done poorly or done well or read by less- or more-qualified doctors. Aside from mammography, whose standards were established by a law that went into effect more than a decade ago, the field is largely unregulated. And increasingly, doctors refer patients to scanning centers they own and profit from.

2. Technology Gaps Create Evidence Problems

Ten years ago, the age of a scanner might not have mattered so much. Now, said Dr. Gary Glazer, the chairman of radiology at Stanford, technology has advanced so much that the older scanner “is not the same machine.”

“I can tell you from my experience that between those extremes the gap is huge,” Dr. Glazer said.

Yet, he added, many scanning machines used today are a decade old.

3. Accreditation Is Not Universal

Imaging centers can, if they choose, become accredited by the American College of Radiology. That requires, among other things, scanning a phantom, a device that simulates a body part. Technologists must also be certified, and there are standards for supervising physicians. And the scanners must be regularly assessed to ensure they are properly functioning.

But many centers are not accredited, although the percentage is not known because there is no national registry of imaging centers.

Legislative Changes and Their Impact

Accrediting will be partly addressed by a little noticed aspect of a wide-ranging Medicare law passed last year. After it goes into effect in 2012, Medicare will pay only for scans done at accredited centers. But imaging experts say the law fixes only part of the problem. High-tech scanning is complicated, and there is no consensus on objective measures to ensure quality. Even with the new law, there is still little assurance that scans will be appropriately ordered and interpreted or that a scanner will be up to date.

What Personal Injury Attorneys Need to Know

Radiologists are struck by the wide variation in the quality of scans, and they say there is little patients can do other than to ask why the scan is necessary and, if it is, to ask about accreditation, the credentials of the person reading the scan and the age of the scanner.

“The studies I see coming from the outside vary from marginal quality to very good quality,” said Dr. Chris Beaulieu, a Stanford radiology professor. “Some of it is related to equipment, and some is related to people with very good equipment who don’t know how to use it right. And on the interpretation side, there is also a very wide range of quality or accuracy, in my opinion.”

Interpretation can be crucial, Dr. Beaulieu added. “A good radiologist can sometimes accurately read scans off of a lower-quality scanner,” he said. “I see that all the time. A good radiologist and a lower-quality scan could be better than a bad radiologist and a good scan.”

Insurance Industry Challenges

But logical as it might seem to pay more for a better scan, there are problems. Health insurers have no way of knowing whether scans are good, said Susan Pisano, a spokeswoman for America’s Health Insurance Plans, a trade group. Doctors, not insurers, receive the images and reports, and all insurers can do is notice if there are frequent requests to redo scans from a particular center.

“We see a lot of poor-quality scans,” said Dr. Freddie Fu, the chairman of the orthopedic surgery department at the University of Pittsburgh Medical Center. “I joke with the patients: The insurance pays the same amount of money for the scan. You get a hamburger somewhere else and a prime rib here for the same price.”

The Self-Referral Problem

Another concern is the growing number of doctors who refer patients for imaging done by scanners they own and profit from. Studies have found that up to 3.2 times as many scans are ordered in such cases

In a recent report, the Government Accountability Office said nearly two-thirds of the money Medicare paid for imaging was for scans in doctors’ offices. And, the report added, doctors were receiving an ever larger part of their income from providing scanning services. Not only were patients more likely to have scans if a doctor did this, but the quality of some of the scans was questioned.

“No comprehensive national standards exist for services delivered in physician offices other than a requirement that imaging services are to be provided under at least general physician supervision,” the G.A.O. wrote.

Private health insurers were concerned, too. “These are alarming patterns that have also been observed in the private sector,” America’s Health Insurance Plans wrote in a response to the G.A.O.

It is clear why self-referral can be tempting, said Dr. Bruce Hillman, a radiology professor at the University of Virginia.

“It’s all profits,” Dr. Hillman said, adding that a group of doctors can make an extra $500,000 to $1 million a year simply by acquiring a scanner.

Practical Guidance for Long Island Accident Victims

For now, radiologists said, patients and insurers are often in a bind.

“If you are going to buy a car,” said Dr. Beaulieu, the Stanford professor, “and you have a certain amount of money to spend, you know what you are getting. You know what you will get if you buy a Yugo or if you buy a BMW.”

But with imaging, Dr. Beaulieu said, “you don’t know: you might get a Yugo and you might get a BMW.”

Frequently Asked Questions

Q: How can I ensure I get a quality MRI for my personal injury case?

A: Ask about the imaging center’s accreditation status, the age of their equipment, and the credentials of the radiologist who will interpret your scan. Also, inquire whether the center has American College of Radiology accreditation.

Q: Can poor MRI quality affect my insurance claim?

A: Yes, if your MRI is uninterpretable or of poor quality, insurance companies may challenge the medical necessity of treatments or procedures based on that imaging, potentially denying coverage for necessary care.

Q: What should I do if my MRI comes back “uninterpretable”?

A: Advocate for a repeat scan at an accredited facility with newer equipment. Your attorney can help you document the need for quality imaging to support your case.

Q: Are there standards for MRI quality in New York?

A: Unlike mammography, most medical imaging lacks comprehensive federal standards. However, accredited centers must meet American College of Radiology guidelines for equipment and personnel.

Q: How does this affect no-fault insurance claims?

A: No-fault insurers in New York may increasingly scrutinize MRI quality as a basis for denying claims, making it essential to obtain high-quality imaging from reputable facilities.

Contact a Long Island Personal Injury Attorney

If you’ve been injured in an accident on Long Island or in New York City, don’t let poor-quality medical imaging compromise your case. Understanding the complexities of MRI quality standards and insurance coverage requirements is essential for protecting your rights and ensuring you receive the medical care you deserve.

For experienced representation in Nassau County, Suffolk County, and throughout the New York metropolitan area, call 516-750-0595 to discuss your case. Our office understands how medical imaging quality affects personal injury claims and can help ensure you get the evidence you need to support your case.

Related Articles

• Understanding IME no-shows and their impact on insurance claims
• No-fault verification requirements and partial compliance issues
• How regulatory amendments affect no-fault insurance procedures
• Summary judgment motion timing rules in no-fault cases
• New York No-Fault Insurance Law

Legal Update (February 2026): Since this 2009 post, New York’s no-fault regulations governing MRI authorization and quality standards may have been updated through regulatory amendments or departmental guidance. Additionally, fee schedules for diagnostic imaging and related verification procedures under Insurance Law Article 51 may have changed, and insurance carriers’ discovery rights regarding medical equipment specifications in PIP disputes should be verified against current regulatory provisions and recent case law.