Is there any case law that supports the argument that a radiologist will inevitably conclude that a fracture is present, based on the x-ray, and that the radiologist’s opinion is that the fracture should not have been diagnosed?

British Columbia, Canada


The following excerpt is from Kruk v. Ho, 2009 BCSC 1418 (CanLII):

In the Geddes v. Bloom case, the experts disagreed as to whether a radiologist would inevitably conclude that a fracture was present, based on the x-ray films that they were viewing. There the court found that the doctor’s clinical judgment was wrong in failing to diagnose the fracture, but the standard was not one of perfection, and the error was one that falls into the category of reasonable clinical judgment that does not constitute negligence. That is an assessment that could similarly be made in this case.

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