Flynn v The Medical Council

• Author: Mr Tom Hayes and Rebecca Ryan
• Profession: Matheson

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Mr Flynn injured himself in 1987 by pressing the back of his palate with his finger, which caused him severe pain and difficulty swallowing. His ongoing complaints were investigated by several medical practitioners, but no diagnosis was reached. In 2008, he commenced medical negligence proceedings against two hospitals and expert evidence was commissioned from a specialist UK Radiologist. The expert reviewed CT scans from 1994 and suspected an injury which was previously missed. However, the expert said that it was a particularly rare type of injury, which most general radiologists would not have identified. On foot of this report, Mr Flynn also made a complaint regarding two of his former medical practitioners to the Medical Council, alleging that they had deliberately misrepresented the results of CT scans to him. The Preliminary Proceedings Committee ("PPC") investigated the complaint and declined to refer it to a Fitness to Practise Inquiry. Critically, the PPC relied on the expert view that the particular condition was so unusual that most radiologists would never have encountered it. Mr Flynn sought to judicially review the PPC's decision...