A boxer sought damages after he suffered a head injury following a ‘Knock Out’ in circumstances where there had been a misreporting of his annual brain MRI. Annual health checks are a requirement for boxers, to ensure they are fit to box; this includes an MRI scan.

The claimant underwent his annual MRI but the neuroradiologist failed to report that there was evidence of blood products on the image, which was indicative of a head injury. The claimant relied upon the case of Muller v Kings College Hospital [2017] EWHC 128 (QB) and argued that this case was a pure diagnostic case i.e. ‘there is no weighing of risks against benefits and no decision to treat or not to treat; just a diagnostic…decision which is either right or wrong, and either negligent or not negligent.’   

There were other allegations of breach of duty; however, they would only serve to complicate matters in circumstances where all causation flowed from this clear breach of duty care, relating to a diagnostic, rather than treatment, decision.

The Claimant argued that had the finding of blood products been reported, his boxing licence on the balance of probabilities would have been revoked. He would not have been boxing when he sustained a head injury and fractured jaw in subsequent fights.

Causation was complicated because the claimant had visual problems and the MRI’s also showed evidence of repetitive head injuries from repeated boxing matches. The neuro-ophthalmology evidence was therefore essential in determining whether, on balance, the eye issues were due to the head injury that would have been avoided, or the repetitive head injuries from boxing generally.

The claimant recovered compensation for the head injury, fractured jaw and other financial losses.