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Negligence

12 June 2015
Issue: 7656 / Categories: Case law , Law digest , In Court
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EXP v Barker [2015] EWHC 1289 (QB), [2015] All ER (D) 12 (Jun)

The claimant suffered a ruptured aneurysm in 2011, she brought a claim in personal injuries against a consultant who had viewed an MRI scan on the claimant in 1999. The claimant had been informed that the brain scan was clear. Following the admission of expert evidence, the court held that a competent practitioner would have concluded that the images in the 1999 MRI scan had shown the presence of an aneurysm, and that the aneurysm that ruptured in 2011 was the same aneurysm as that evidenced by the abnormality in the 1999 images of the MRI scan. The court therefore concluded the issue of liability in favour of the claimant.

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