M v Calderdale & Kirklees HA

[1998] Lloyd's Rep Med 157

HUDDERSFIELD COUNTY COURT

and Honour Judge GARNER

National Health Service — Health authority — Statutory duty — Termination of pregnancy contracted to private hospital — No opportunity for patient to divert from route of treatment arranged on her behalf — Whether patient entitled to remain in same position as patient who remained in NHS care — Operation negligently conducted — Resulting failure of abortion — Whether National Health Service owed non-delegable duty in particular circumstances — Whether health authority had taken reasonable care in its dealings with private hospital