Private Law Theory

This is a commentary on the third legal chapter in the unfortunate story of ABC (‘the claimant’), a single mother who sued her father’s doctor for his failure to warn her – during her pregnancy – of the risk that she might have, or be a carrier of, an untreatable and invariably fatal genetic disease. When, after the birth of her child, she discovered that she did have the disease, she said that the clinicians’ failure had deprived her of the opportunity (which she said she would have taken) to terminate the pregnancy. She claimed damages for the continuation of her pregnancy, for psychiatric damage, and for consequential losses …

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Charles Foster and Roy Gilbar, Is There A New Duty To Warn Family Members In English Medical Law? ABC v St George’s Healthcare NHS Trust and Others [2020] EWHC 455, Medical Law Review, https://doi.org/10.1093/medlaw/fwab006. Published: 8 March 2021.

First posted 2021-03-13 23:59:14