Walkin v South Manchester Health Authority

(1996) 7 Med LR 211

COURT OF APPEAL

Lord Justice AULD, Lord Justice ROCH, and Lord Justice NEILL

Limitation — Personal injuries — Failed sterilisation — Woman patient's claim for damages for economic loss (cost of rearing the child) — No claim for personal injuries — Allegation that sterilisation operation in September 1986 was performed negligently — Whether action was for damages that “consist of or include damages in respect of personal injuries” — In February 1987 patient discovered that she was pregnant again — On October 10, 1991, second writ issued on her behalf claiming damages for economic loss based on negligent treatment and advice resulting in an unwanted pregnancy and birth of healthy child — Whether failure of attempt to sterilise patient was not itself a personal injury — Whether unwanted conception, whether as result of negligent advice or negligent surgery, was personal injury in sense of an “impairment” — Whether injury was moment of conception because resultant physical change in patient's body resulting from conception was an unwanted condition which she had sought to avoid by undergoing sterilisation operation