Thompson v Blake-James

[1998] Lloyd's Rep Med 187

COURT OF APPEAL

Lord Justice BELDAM, Lord Justice Peter GIBSON, and Lord Justice WALLER

Professional liability — General practitioner — Vaccination — Contra-indications — Advice to parents of small child — Foreseeability — Doctor advising against vaccinations because of reasonable belief that child had suffered seizure — Alternative immunisation advised against whooping cough (where vaccination was imminent) — Failure to advise on vaccination against measles using immunoglobulin (where vaccination was due 12 months later) — Doctor and parents aware that another doctor would be involved — Whether judge erred in not considering (a) whether there was valid distinction between nature of advice when no question of immunisation was in prospect and advice given when definitive decision had to be taken, or (b) whether general practitioner could have foreseen that his omission would cause parent to decide against vaccination — Expert evidence that duty of doctor might vary in relation to advice on immunisation of small child according to reluctance or otherwise of parent to have that child immunised