R v Croydon Health Authority

[1998] Lloyd's Rep Med 44

CIVIL DIVISION

Lord Justice KENNEDY, Lord Justice MORRITT, and Lord Justice CHADWICK

Damages — Birth — Remoteness — Plaintiff undergoing pre-employment chest x-ray — Radiographer negligent in failing to report significant abnormality — Plaintiff subsequently becoming pregnant and successfully giving birth to “wanted” child — But for negligence plaintiff would have been referred to cardiologist who would have diagnosed primary pulmonary hypertension (PPH) — Liability admitted for exacerbation of plaintiff's pre-existing condition — Whether defendant liable for expenses of pregnancy, cost of upbringing of child, loss of earnings or accommodation or general damages for reactive depression — Professional liability — Radiology — Duty of care — Pre-employment chest x-ray — Radiologist knowing nothing of plaintiff's medical history, did not meet plaintiff and was not asked to review plaintiff's chest x-ray for diagnostic or therapeutic purposes — Admitted negligence in failing to report significant abnormality — Plaintiff subsequently becoming pregnant — But for negligence plaintiff would have been referred to cardiologist who would have diagnosed primary pulmonary hypertension (PPH) — Whether reasonable to expect radiologist to identify risk to plaintiff and to take steps to communicate that risk to her