X and Y v Pal and Others

(1992) 3 Med LR 195

COURT OF APPEAL OF NEW SOUTH WALES

MAHONEY, CLARKE, and Meagher JJA

Negligence — Duty of care — Unborn child — Whether child entitled to sue in respect of medical practitioner's negligent act occurring before child's birth or conception — Child born infected with syphilis due to medical practitioner's failure to test mother for syphilis — Whether child entitled to damages — Whether child's dysmorphia and mental retardation causally connected with syphilitic infection. — Evidence — Expert medical evidence — Causation — Approach by court — Experts” reasons why syphilis was not cause of child's dysmorphic features