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Medical negligence – Occlusion of artery/ischemia – Liability – Causation. Court of Session: In a medical negligence action by a pursuer who developed ischemia in her left arm, which was caused by occlusion in the brachial artery, which was caused by a cannulation carried out by a radiographer (the first third party) during an MRI scan, the court concluded that the first third party was in breach of her duty of care to the pursuer and that the breach caused her injury, that the defenders, as the first third party's employers, were vicariously liable for her breach of duty, but were entitled to look to her for indemnification, and that she was not entitled to a contribution from the second third parties, Forth Valley Health Board, who had contracted the defenders to carry out MRI scanning at their hospital.
Medical negligence – Occlusion of artery/ischemia – Liability – Causation. Court of Session: In a medical negligence action by a pursuer who developed ischemia in her left arm, which was caused by occlusion in the brachial artery, which was caused by a cannulation carried out by a radiographer (the first third party) during an MRI scan, the court concluded that the first third party was in breach of her duty of care to the pursuer and that the breach caused her injury, that the defenders, as the first third party's employers, were vicariously liable for her breach of duty, but were entitled to look to her for indemnification, and that she was not entitled to a contribution from the second third parties, Forth Valley Health Board, who had contracted the defenders to carry out MRI scanning at their hospital.
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