Source: All England Reporter
Publisher Citation: [2005] All ER (D) 332 (Nov)
Neutral Citation: [2005] EWHC 2647 (QB)
Court: Queen's Bench Division
Judge:

Walker J

Representation David Pittaway QC and Evelyn Pollock (instructed by Nelsons, Nottingham) for the claimant.
  Michael Horne (instruacted by Browne Jacobson LLP, Nottingham) for the defendant.
Judgment Dates: 24 November 2005

Catchwords

Medical practitioner - Negligence - Duty of care - Birth defect - Whether professor breaching duty of care in failing to give advice about risks in continuing pregnancy and the option of termination.

The Case

In a case alleging medical negligence on the part of the defendant NHS Trust, following the birth of a severely handicapped child to the claimant, it was stated that although a failure to record discussions about the potentially fatal condition of the claimant's foetus, while serious, was not, when contrasted with the evidence that such discussions had to have taken place, so implausible as to lead to a conclusion that the claimant's account of events was correct, namely that all would be well. Judgment was entered for the defendant.

Practice Areas

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