Medical practitioner – Negligence. The claimant issued proceedings, alleging failure by the defendant's spinal orthopaedic surgeon, B, to see and diagnose a scoliosis of his spine. The Queen's Bench Division, in allowing the application, held that, on the evidence, B had made a mistake and the scoliosis had been present on both occasions, and B should have seen it and noted it. That he had not done so had been a breach of his duty to the claimant.