Class action lawsuit claims radiologists subjected patients to ‘secret’ MRI research

Two radiologists have been hit with a class action lawsuit claiming they subjected patients to “secret” MRI research.

Andrea Paul and her attorneys allege that the physicians imaged her and “dozens” of other members of the Pictou Landing First Nation without their consent.  

Paul—who served as chief of the Mi'kmaq people in Nova Scotia for 12 years—said she underwent the MRI in 2017 at the Queen Elizabeth II Health Sciences Center. She signed up to participate in the research project, but radiologists allegedly kept Paul in the machine for additional scans as part of a second study, evaluating the livers of indigenous peoples.

Those involved believe at least 60 others were subjected to the same exams, without giving their permission, the Canadian Press reported Monday.

"Unfortunately, there is a long history of oppression of indigenous people in Canada including many instances where indigenous people were subjected to medical treatment and research against their will and without their consent," the lawsuit states.

Attorneys first filed the claim with the Supreme Court of Nova Scotia in 2020, and a judge certified the class action complaint on Feb. 7. Paul and her attorneys are seeking monetary damages and accusing the two physicians of invasion of privacy, unlawful imprisonment, assault and battery, negligence and breach of contract.

An attorney representing both Robert Miller and Sharon Clarke said the two declined to comment on the lawsuit. Dr. Miller is a prominent radiologist with Dalhousie University in Halifax, who received the Canadian Medical Association honorary membership award in 2018. Dr. Clarke works at the QEII Health Sciences Center and also is an assistant professor of diagnostic radiology at Dalhousie.

Read more about the lawsuit from the Canadian Press:

Marty Stempniak

Marty Stempniak has covered healthcare since 2012, with his byline appearing in the American Hospital Association's member magazine, Modern Healthcare and McKnight's. Prior to that, he wrote about village government and local business for his hometown newspaper in Oak Park, Illinois. He won a Peter Lisagor and Gold EXCEL awards in 2017 for his coverage of the opioid epidemic. 

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