Persaud-Deep v. Women’s Care of Florida

DisputeSoft was engaged by the plaintiff in the matter of Persaud-Deep v. Women’s Care of Florida, in the Florida Circuit and County Courts of Pinellas, Case No. 15-3269-CI. The plaintiff claimed that Women’s Care failed to detect a serious birth defect in an ultrasound study.  Upon request, Women’s Care could not produce the plaintiff’s ultrasound images and claimed that imaging files on the ultrasound machine had been lost during a system update that occurred during the same week as the plaintiff’s ultrasound.

DisputeSoft computer forensics expert G. Hunter Jones determined the status of all identifiable ultrasound images on the system and whether the image files could be recovered.  Metadata within the files showed when the ultrasound program was updated. This examination of the ultrasound machine’s disk drive showed that a technician performed a complete imaging application replacement and operating system update that deleted all patient images prior to the update. It is unclear whether or not proper backup policies were in place or executed. However, Mr. Jones discovered that the update did not take place in the same week as the plaintiff’s ultrasound as Women’s Care claimed.  The update occurred after the birth of the infant at issue, suggesting the images should have been available when requested earlier.

The settlement terms remain confidential.

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