Podcast: Expert witness hats come out to begin closing investigation

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Episode 10 continues the final installment, Act 3, of "The Invisible Force" podcast on the AuntMinnie Podcast Network. Hosts and MRI safety experts Tobias "Toby" Gilk and John Posh say this is the episode they have eagerly anticipated.

It's the one where, instead of reiterating past aspects of the MRI incident July 16, 2025, at Nassau Open MRI in Westbury, NY, Gilk and Posh present their viewpoints as if they were expert witnesses in a court of law. That's a role both know well, although neither is serving as a witness in this particular case (yet).

"We've been trying to keep from interjecting our individual opinions on what should or shouldn't have happened, or who does or doesn't have some direct responsibility," Gilk explains at the start. "We're going to spend much of this episode sharing opinions of what we would say if we were serving as experts."

Clarifying terms

Whether you call them MRI incidents, accidents, or events, these situations involving damage and death -- either to people or facilities -- have grabbed the headlines for years. "Freak accidents" is a debatable label, the "freak" part as much as the "accident" part, according to Gilk and Posh.

"We've bounced back and forth between calling this an accident or an incident or an event," Posh said. However, as the experts begin to talk about the responsibilities and accountabilities, the semantics become more important.

Gilk and Posh believe no one intended for such an "accident" to happen. However, proceed with caution if you think there's no responsibility or accountability or blame for certain actions that contributed to it, they warn.

While what happened to Keith McAllister and his wife, Adrienne Jones-McAllister, in a portable MRI trailer was an accident, there's still accountability to be discovered. Listen now as the first half of the show unpacks civil proceedings in the case, and the hosts discuss criminal proceedings, including the government taking possible action. In more extreme cases, jail time can be a possibility.

A small group of companies is involved with the implicated imaging center, according to Gilk and Posh.  

"It's fairly common for plaintiffs to name everyone and their brother, the MRI techs, the radiologist, the manager, in addition to the companies involved," explained Posh in Episode 10, a primer on healthcare lawsuits and measuring the actions of those involved against the standard of care. 

In the U.S., the document that gets identified as the MRI safety standard of care is the American College of Radiology (ACR) Manual on MRI Safety, he noted.

The weight of any individual's response in the situation will be amplified by how much agrees with the documented standard, Posh explained.

Questions answered?

"Often you have to piece together individual perspectives or subjective stories before you feel like you've got something that's approaching an objective account," Gilk said, introducing once again the security camera footage (a video) that he said is critical for understanding what happened.

"That slices through the subjectivity and the personal advantage spin," Gilk added. There was a rollator in the room. There was a purse, he explained. This episode reveals more details of that security video footage.

"Anyone who has worked in MRI long enough ... says they know just how far they can bring the conventional wheelchair into the room," Posh added.

From MRI warning detection tools to the designated radiologist, Episode 10 continues to reveal details on what happened July 16, 2025, at the Long Island, NY, imaging center. What is more, or less, plausible now and where does the legal responsibility lie? Start listening.

Editor's note: The imaging community and other listeners have been invited to contribute to the investigation through The Invisible Force Tip Line -- 631-MRI-TIPS (631-674-8477).

Host
Tobias "Toby" Gilk is the founder of Gilk Radiology Consulting. An architect by training, he has spent over 20 years focusing on MRI safety, initially through the architecture and planning of MRI facilities, but growing into the technology, clinical practice, regulation, and economics of MRI safety. Gilk holds both MR Safety Officer (MRSO) and MR Safety Expert (MRSE) certifications from the American Board of Magnetic Resonance Safety (ABMRS). An evaluator of serious reportable events (SRE), he is also a volunteer member of the Technical Expert Panel (TEP) of the National Quality Forum, and co-author of "The Technologist MRI Safety Handbook."

Co-host
John Posh is an MRI educator, safety consultant, and safety auditor with over 35 years of experience in the field of MRI safety and education, working with outpatient facilities, hospitals, and universities. He owns Posh Education in Bethlehem, PA, and currently serves as global director of education and training for Aspect Imaging, chief academic officer-MRI at John Patrick University, and adjunct professor of medical imaging at Rush University.

This episode of "The Invisible Force" is brought to you by AuntMinnie and the AuntMinnie Podcast Network. You can also find it on Apple Podcasts and Spotify. Check out AuntMinnie's full podcast library, including extras, on Apple Podcasts and Spotify.

 

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