Arndt v Smith

(1996) 7 Med LR 108

BRITISH COLUMBIA COURT OF APPEAL

LAMBERT Wood, and HOLLINRAKE JJA

Professional liability — General practitioner — Duty to warn — Informed consent — Pregnant mother infected with chicken pox — Doctor's failure to warn of improbable but grave risks to foetus — Baby born suffering from congenital varicella syndrome — Action against doctor by parents of child — Appeal and cross-appeal against trial court's decision that (1) parents” decision to abandon claim for wrongful life on behalf of child was appropriate; (2) there was duty on doctor to warn pregnant patients of all material risks faced by unborn foetuses and doctor's failure to fully inform patient of all material risks amounted to medical negligence, but plaintiffs failed on causation; (3) parents” action was not barred by (British Columbia) Limitation Act 1979