The central issue in this case was limited and discrete. It concerned an allegation of breach of duty: D breached its duty of care  by failing to identify cauda equina syndrome during the radiological review of an MRI scan.

The test of breach of duty is two stage: (1) what happened? and (2) did what happened represent reasonable care?

In cases concerning interpretation of slides or scans (rather than actions) inquiry (1) has particular significance. The court has to make findings of fact as to what the image showed.

The court found as a fact that there was no radiological evidence of cauda equina compression; this was dispositive of the case.

Author: Doctor Anthony Barton

Dr Anthony Barton qualified as a doctor in 1981 and switched to law in 1992. Anthony also co-edits the leading text “Clinical Negligence” with the sixth edition having recently been published. He is also a former assistant coroner and joint owner of Medical Negligence Team Law.