Click on the alphabetical index, or scroll down to the required word
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A |
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Abrasion |
A
graze, usually of the skin |
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a
lawyer qualified to deal with all
aspects of law, who receives instructions from attorneys. Traditionally, advocates
were only allowed to appear in the High Court, although attorneys now also so
appear | |
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a
document that is signed before a Commissioner of Oaths, where the
person signing promises under oath, that the facts contained
therein, are true and correct in all respects. It is a criminal offence
(perjury) to lie under oath. | |
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Removal
of a part of the body, such as an arm or leg. A “traumatic amputation” refers to
a loss of a part in an accident
eg an arm being ripped off
( as opposed to a surgical removal ) See Prosthetics | |
Anterior |
to
the front |
Apportionment |
a
court is entitled to decide that an accident was caused by more than one
person, or alternatively, that a person could have taken steps himself to
avoid the accident. In such a
case, the Court is entitled to award only a percentage of ones damages,
reducing the amount of the award by the amount of ones own negligence. |
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Arthrodesis |
A
medical procedure whereby a bone joint is
fused so that it is fixed to prevent it from having free movement.
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Arthroplasty |
A
medical procedure whereby (usually) bone is
built up after it has been badly damaged |
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Arthroscopy |
A
medical procedure, usually simply to
investigate before performing surgery. |
Atrophy |
Muscle
wastage/very weak muscle |
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A
lawyer qualified to deal with all
aspects of law, who takes instructions from the public
directly | |
Attorney
and client costs |
The
total costs which a client has to pay to his lawyers, no matter whether he has won
or lost the case (as opposed to 'party and party'
costs) |
Avulsion |
tearing
off of a part of the body eg a finger nail |
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Bone
graft
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A
procedure whereby damaged bone is
replaced, or artificial bone is replanted |
Brachial
plexus |
Nerve
in the upper arm extending from the shoulder. A
serious injury to this nerve will result in the patient
losing total use of arm function, and even run the risk of amputation |
Brain |
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Calcaneus |
Heel
bone |
Calcification |
Bones
becoming ‘calcified’, weak and brittle. |
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Carpal
tunnel syndrome
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A
painful (or tingling/numb) condition experienced in the hand/fingers, as a
result of the compression of the nerves in the
wrist |
cartilage |
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CAT
scan |
Computer
Axial Tomograph scan. A scan where the computer takes cross section images
as if slicing through, so that one can see what is inside. Imagine it
being like slicing through a bread loaf to see what is inside - each slice
being a separate image for the specialist to examine inside the loaf (a
normal x-ray simply takes an image of the whole part from one side - like
taking a photograph of a loaf of bread, where you will only see one side
from the outside, and not what is inside) |
Cellulitis |
Infection
of tissue (muscle) causing excessive swelling |
Cerebral |
Relating
to the brain |
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Chondromalacia |
Softening
of the cartilage in a joint, most commonly
in the knee
(patella) |
Cicatrix |
A
prominent scar |
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Clavicle |
Shoulder
bone situated between the shoulder and the upper chest |
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Clerk
of the Court |
Court
official in the magistrates court attending to
administrative duties such as checking of documents, issuing of summonses,
etc |
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Closed
reduction |
Usually
involving a fracture, whereby the bone is
stabilised or immobilised without surgery having to be performed. The most common form of Closed
reduction is by means of "plaster of
paris”. |
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A
person appointed to have affidavits sworn to before them. They
confirm that the person has sworn that the contents of the affidavit are
true and correct. It is a criminal offence to make a false declaration
before a Commissioner of Oaths.
See Oath | |
Compound
fracture |
See
Fracture |
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Conservative
treatment |
Treatment
not by surgery eg by way of medication, physiotherapy
etc |
Contribution
towards costs
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These
are basically the’ party and party' costs which the Road Accident Fund is obliged to pay
as a contribution towards a successful claimants'
costs |
Contributory
negligence
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(see
'apportionment') a typical case of contributory negligence is where a persons own
injuries are more serious as a result of him having failed to wear a seat
belt. The usual deduction in this case, is 30%. |
Cornea |
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Correspondent |
In
terms of the Rules of Court, an attorney must
appoint a 'corresponent' attorney to act as his local agent nearby to the
court, if his offices are situated further than 8 kilometers from the
court |
Craniotomy |
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Cranium |
The
skull bone |
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Defendant |
The
party against who a claim is made |
Degeneration |
The
'wear and tear' (usually of bones), due to various factors, such as age
etc |
Degloving |
An
injury where the skin and muscle are stripped from the bone, usually
leaving only the bone. |
Disability |
The
temporary inability to perform a bodily action or function. As opposed to Impairment |
Disc |
Situated
in the spine between the vertebrae, they act like little
cushions and give the spine flexibility and movement. See “slipped disc”. Imagine it like the meat patty
between the bread rolls on a hamburger! |
Discharge
form
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A
form signed by a claimant or a plaintiff at the end of a case when
it has been settled, whereby he agrees that the matter has been settled
finally and that he will have no further claims against the other
party |
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Where
bones are pulled out of their joint. | |
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Epilepsy |
Seizures
(spasms or “fits”) that occur because of an electrical disturbance in the
brain.
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Femoral
head |
The
end of the femur (“thigh bone” of the upper
leg), which is club shaped.
It is this that fits into the hip socket on the top end, and to the
knee at the other lower end |
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The
bone of the upper leg between the knee and hip (“thigh bone” of the upper
leg)
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Fibula |
A
long bone in the lower leg, between the ankle and the knee. It is to the outer side of the leg
at the rear. |
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File
a document |
To
file a document at Court for safekeeping |
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An
apparatus that is used to mend and hold together fractures eg a ‘metal’ plate that is
screwed into the bones to hold them together. Some fixatives are internal (metal
plate) or external (an apparatus which is screwed into the bones and
sticks out so that it can be adjusted externally) | |
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A
break – usually of a bone. A
compound fracture is a complete “clean break”, whereas a simple fracture
is a “crack”. A comminuted
fracture is a “shattered” break.
An “open” fracture occurs where the skin is broken so that the bone
is open or exposed. A closed
fracture occurs where the bone has broken, but there is no cut or gash
where the bone is exposed. | |
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General
damages |
A
lump sum award for pain, suffering, loss of the pleasures of life, disability, impairment and disfigurement. In
South Africa, the amount awarded is based on the amount awarded by courts
in similar previous cases. It is not a fixed amount, but varies according
to the individual circumstances of each claimant, taking into account
various factors such as age, sex, the percentage disablement/impairment
etc ( eg a professional violinist who loses a finger, is more disabled
than a soccer player who also loses a finger)
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Glasgow
Coma scale |
A
scale used to assess a persons level of consciousness, usually after
suffering a head injury. Factors such as speech, orientation, hearing etc
are used. It is measured on a scale out of 15, the higher the score, the
higher the level of consciousness eg a GCS of 15/15 would mean that the
patient is fully conscious and not in any danger. A GCS score of 3/15
would indicate an unconscious patient with a serious head
injury |
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Hematoma |
A
collection of blood in tissue, an organ or under the skin, forming a blood
clot |
Hemothorax |
The
collection of blood (or air) in the chest cavity, usually due to it
escaping because of a punctured lung |
High
Court |
Formerly
known as the Supreme Court, these courts deal with
the more serious cases. In
Civil Law, any matter which is worth more than R100 000 must be heard in
the High Court. |
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Humerus |
The
upper arm bone, between the elbow and the
shoulder. |
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Impairment |
the
permanent inability to perform a bodily action or function , usually due
to injury (as opposed to disability) |
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Industrial
psychology |
The
study of a persons interests, skills and aptitute in order to assess the
best suited job or career for him/her. In injury cases, the Industrial
psychologist will determine what careers the injured would have been able
to pursue had he not been injured, and then compare that to the career
opportunities which are now available taking into account the injuries –
if there is a difference in salary, this information will be used to
calculate Loss of Earnings/Loss of Earning Capacity |
Iris
(eye) |
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The
“authorisation” of a document by a court. An official stamp is placed
thereon. The document is
thereafter served on
someone | |
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Keloid |
A thick elevated scar that is left when a wound does
not heal well (it turns blue in the cold) . |
Kyphosis |
The
abnormal bending of the spine outwards/backwards, usually due to
injury. A bad form would be a
“hunchback” |
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Laceration |
A
deep cut,
usually of the skin |
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Laminectomy |
A
surgical procedure to explore the spine, by
cutting the rear arch of a vertebra |
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Laparotomy |
A
Medical procedure whereby the skin is cut,
either to operate or to investigate |
Lateral |
to
the side |
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the
general term for anyone practicing law. Lawyers include attorneys and advocates, but can also refer to
other people dealing with law eg judges, magistrates, public prosecutors,
etc | |
Lesion |
A
‘cut’ or ‘break’ in tissue, caused by disease or injury
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Lodging
a claim |
Delivering
and registering a claim with the body or person that will have to pay the
claim |
Lordosis |
The
normal “S” shaped curvature of the spine |
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Presiding officer of the magistrates
court | |
Magistrates
Court |
Usually
a local court dealing with the more minor types of case. See High Court. In Civil law, cases worth less
than R100 000 are heard in the Magistrates
court. |
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Maxillo-facial surgery |
surgery to the upper and lower jaw,
the mouth and teeth, cheekbones, etc |
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Medico
legal report |
A
comprehensive report compiled by a suitably qualified expert, which is
used by the legal profession and the courts to assess an injured persons
condition (past, present and future), in order to determine the nature and
extent of the injuries, the future prognosis, and costs that will be
required for treatment etc |
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The
decision as to whether one has a claim or not based on the facts, or as to
who is to pay damages. Only
once the merits have been either agreed upon,
or alternatively, a Court has given a decision thereto, is the quantum (the monetary amount) decided
upon. | |
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Metacarpal |
The
bones in the foot, making up the toes |
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Metatarsal |
The
bones in the hand, making up the fingers |
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Negligence |
fault
or cause (of an accident) |
nerve |
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Neurology |
Study
of the diseases and conditions of the brain. A neurologist is one who
specialises in this field |
Neurosurgeon |
a
surgeon specialising in brain surgery |
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Oath |
A
solemn declaration that certain facts are true |
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Occupational
therapy |
The
study to determine what assistance, equipment and aids a person may need,
having regard to their physical disabilities, impairments or
injuries |
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A
medical procedure usually involving a fracture, whereby a plate or pin is
inserted to mend a fractured bone.
See “Closed
reduction” | |
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Involving
bones and the skeleton. An
Orthopaedic surgeon is one who specialises in this
field | |
Osteo- |
Anything
relating to bones |
Osteoarthritis |
Disease
of the joints in bones, (usually occuring in older persons), accompanied
by pain and stiffness, where the bony tissue is gradually broken
down. |
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Palsy |
paralysis
eg cerebral palsy (to parts of the
brain), nerve palsy (see brachial plexus
injury) |
Party
and party costs
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the
costs which the unsuccessful party in a court case must pay to the
successful party. These do not however cover all the costs, and it must be
understood that the successful party will always have to bear some of his lawyers costs and legal fees
out of his own pocket - these costs are referred to as
his 'attorney and own client' costs. See Taxation of
Costs |
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Knee
cap | |
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Removal
of the knee cap | |
Phalange |
A
finger joint |
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“massaging”
of the muscles and body parts | |
Plaintiff |
the
party who is claiming something from another (the 'defendant') |
Plastic surgery |
surgery to reconstruct or improve
parts of the body. In injury
cases, plastic surgery is often carried in the form of skin grafts
and scar revisions. |
Plea |
the
document replying to a Summons, where the Defendant sets out the basis of his defence |
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Plaster
of Paris – a hard mixture which is usually placed over a fractured (broken) bone such as an
ankle, leg or arm, to keep it in place | |
Posterior |
to
the rear/back |
Presiding
Officer |
The
person in charge of a Court, hearing or the like eg a judge, magistrate,
commisioner |
Pre-trial
conference
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a
formal meeting held in terms of the Rules of Court, the object of which
is to try and get the plaintiff and defendant to agree on various facts
and issues so that time is not wasted leading unnecessary evidence and
calling witnesses at the Trial to prove them, where the facts are not in
dispute |
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Another
word for a medical “operation” | |
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Prognosis |
The
“future” outlook |
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Artificial
legs, arms, teeth and other equipment and aids, usually used to replace amputated or removed parts, or used
to assist injured people and make life easier | |
Pupil
(eye) |
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The
assessment of the amount of damages of one’s claim, in monetary
terms | |
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Radius |
A
forearm bone, between the wrist and the elbow |
RAF |
The
Road Accident Fund (formerly known as The MMF or the
Multilateral Motor Vehicle Accidents Fund) |
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Registrar
of the Court |
court
official in the High (Supreme) court attending to
administrative duties such as checking of documents, issuing of summonses,
etc |
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The
body set up by Legislation to administer the payment of claims to people
injured in road accidents | |
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Rotator
cuff |
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Rules of Court |
These
are the “rules of the game” for all court cases. A party to a court case is obliged
to comply with these Rules, which dictate how various procedures are to be
carried out, the time limits allowed for each step to be taken, etc. A party cannot go quicker than the
Rules allow, and this often causes cases to take some time before being
finalised. |
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Scapula |
'shoulder
blade' bone situated at the back |
Scar |
The
mark left on skin or tissue after it has been
damaged |
Scar
revision |
a
plastic surgery procedure whereby a
bad scar is cut out in an attempt to
improve the cosmetic appearance |
Scoloisis |
When
the spine abnormally bends sideways to one
side |
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To
deliver a document | |
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Service
of a document |
To
deliver a document |
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A
court official empowered to deliver certain court and official documents,
such as summonses, subpoena, warrants of arrest
etc | |
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Skin
graft |
a
procedure carried out by a plastic surgeon, where skin is
replanted from one part of the body to another, usually in injury cases,
to cover up areas where skin has been badly damaged or lost |
Slipped
disc |
A
disc that has moved out of position from between the vertebrae.
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Soft
tissue |
referring
to muscles, nerves, fibres, ligaments etc (ie not referring to
bones) |
Spine |
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Spleen |
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Splenectomy |
the
surgical removal of the spleen |
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Sternum |
bone
in the middle of the chest,
between the front left and front right rib cages |
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A
document compelling a witness to appear in court on a certain date and at
a certain time | |
Sue |
To
“take someone to court” .
Starting a court case against them by issuing a summons |
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The
first document that starts a court case. It is issued by the Plaintiff, who is the claimant in a
case. It briefly tells the basis and facts of the claim, and must be
replied to | |
Supreme
Court |
Now
known as the High Court. See
High
Court |
Suture/suturing |
stitches,
stitching up a cut / laceration / wound |
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Taxation
of Costs
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the
legal process after the case has been finalized, whereby the successful
party presents his legal bills (usually the 'party and party' bill of costs) to
the court for approval for the unsuccessful party to
pay |
Taxing
master |
The
court official who attends to the taxation of the bills (‘party and party’ or ‘attorney and client’) that are
presented by the successful party for approval, in order for the
unsuccessful party to pay.
See “Party and Party” and “attorney and client” costs
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Third
party fund
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the
informal name referred to for the Road Accident
Fund |
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Tibia |
A
long bone in the lower leg, between the ankle and the knee. It is commonly known as the
“shinbone” |
Trachea
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'throat
pipe' extending down from the mouth to the stomach |
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Ulna |
A
forearm bone, between the wrist and the elbow |
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The
bones making up the spine | |
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Whiplash
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an
injury to the neck usually as a result of the head being jerked forward
and then backward, which stretches the neck muscles, injuring them in the
process. In more serious types, the neck/spine bones (“vertebrae”) can be pulled out of
position ("dislocated"). |
Wrist |
The
joint between the hand and the arm |
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X
ray
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a
photographic image taken of an internal body part, usually to assess
whether bones are fractured, their position, alignment etc. Compare this
to a CAT scan. |
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