Radiologist pushes back against snowbird couple’s claim he missed signs of a stroke

A radiologist is pushing back against one snowbird couple’s claims that he missed signs of an impending stroke on CT. 

Jeffrey and Kim Sayward and their attorneys first filed the malpractice complaint in a U.S. District Court in May. They charge that radiologist Eric J. Sax, MD, MBA, FACR, working for MaineHealth Hospital in Biddeford at the time, failed to identify a dangerous blood clot during an incident three years ago.

Plaintiff attorneys contend the clot “was at risk of dislodging and blocking the blood supply to the patient’s brain,” posing imminent danger to the man. However, Dr. Sax and MaineHealth are now asking a judge to toss the suit, claiming the couple and their attorneys circumvented state law. 

Maine has strict pre-litigation requirements, keeping claims confidential and away from public view until they are deemed appropriate by a panel of experts. 

“Because plaintiffs have failed to comply with the pre-litigation requirements of the [Maine Health Security Act] before filing this diversity action in federal court and the statute of limitations period has run, the complaint must be dismissed,” defense attorneys wrote in the court filing, submitted July 6. 

The Portland Press Herald first reported news of the request on Wednesday. It noted that the security act requires all medical malpractice claims to undergo an “extensive” screening process, overseen by the Superior Court. These proceedings are kept confidential, which Dr. Sax et al. see as “critical reputation protection” for physicians. 

The Saywards—who live in Florida and had flown to Maine when the 2023 incident occurred—have pursued their claims in federal, rather than state, court. They believe that a previous Supreme Court case set precedent in allowing a Delaware malpractice claim to advance in federal court without meeting the state’s pre-litigation procedural rules. However, attorneys for MaineHealth and the radiologist contend that Maine’s security act is more comprehensive than Delaware’s and not comparable, the Press Herald noted. 

Defense attorneys Russell Pierce and Kyla Smet also included as an exhibit a May article from the newspaper, reporting on the lawsuit. They charge that the filing of the lawsuit, accompanied by a press release, has deprived Dr. Sax and co-defendants from rights granted by Maine state law. Confidentiality provisions in the MHSA allow physicians to “engage in open and candid evaluations of potential claims without fear of disclosures.” 

“The crisis at the heart of the Maine Legislature’s enactment of the MHSA should not be understated,” the request for dismissal states. “Professional negligence and related claims against healthcare providers made procurement of liability insurance cost-prohibitive to providing critical levels of care in Maine. Maine had and still has a healthcare provider shortage, particularly acute in Maine’s rural counties. The MHSA was a solution that has served to keep what many assert are already high healthcare costs from becoming even higher, and ultimately rendering healthcare in Maine cost-prohibitive to many in Maine’s economy. The MHSA embodies state policymaking for the health and safety of citizens of the highest order.”

More on the original incident

As reported by Radiology Business in May, the Saywards often travel from Florida to spend their summers in Maine. On the morning of May 29, 2023, Mr. Sayward was visiting the state when he experienced an episode of syncope. An ambulance transported him to the emergency department at MaineHealth, with the facility then known as Southern Maine Health Care (it’s now called MaineHealth Maine Medical Center Biddeford).

Mr. Sayward arrived at the ED a little after 10 a.m. and his acuity level was assessed as “emergent.” An emergency medicine attending ordered a CT angiogram of the head and neck, pursuant to stroke protocol, to evaluate for life-threatening pathology. Imaging was obtained between 11:20 and 11:34 a.m., and Dr. Sax purportedly electronically signed his final report at 11:48 a.m. Attorneys charge he failed to highlight a key abnormality in CTA imaging, allegedly showing high-grade stenosis, consistent with the appearance of a clot. 

The hospital discharged Sayward around 12:57 p.m., telling him he likely was lightheaded due to dehydration from golfing in the sun the day before. However, around 7 p.m., he suddenly felt weak and unwell. The couple called 911, with paramedics transporting him to MaineHealth’s Level 1 trauma center in Portland, due to his dangerous symptoms. Further CTA imaging showed he had, in fact, suffered a stroke. Comparisons against the day’s earlier imaging allegedly showed that Dr. Sax had missed a clot in the left vertebral artery, which was at risk of becoming dislodged. 

Injuries from the incident were “devastating,” attorneys claimed in the complaint. Mr. Sayward remained hospitalized for a week and subsequently required a “lengthy” inpatient rehab stint. Despite “extensive” physical and occupational therapy, he still suffers permanent impairment. Elements of his alleged damages include “extraordinary medical expenses,” pain and suffering, “loss of enjoyment of life,” and permanent injury and impairment. The couple is seeking unspecified damages in excess of $75,000, with the final tally likely much larger.