Is It Always Negligent To Get It "Wrong"?

The recent decision of the High Court in the case of Brady v Southend University Hospital NHS Foundation Trust confirms an important principle in clinical negligence cases: if a radiologist incorrectly interprets a scan, with the result that the wrong diagnosis is made, it does not necessarily mean that they were negligent.

The Background

The Claimant underwent two CT scans of her abdomen in August and September 2013, after she developed pain in her upper abdomen. The radiologist who reviewed the first scan reported a mass in the abdomen that was most likely omental infarction (a condition involving lack of blood supply to the apron-like fold that lines the abdominal cavity). The Claimant's symptoms improved and it was not considered that any intervention was needed, so she was discharged home.