Goodwill v British Pregnancy Advice Service

(1996) 7 Med LR 129

COURT OF APPEAL

Lord Justice Peter GIBSON, and Lord Justice THORPE

Negligence — Duty of care — Advisory service — Duty to patient's sexual partner — Vasectomy performed on M in November 1984 — In April 1985 defendants advised M that vasectomy successful — Plaintiff commenced sexual relationship with M in March 1988 — Plaintiff advised of remote chance of conception despite partner's vasectomy — No contraceptive precautions taken — Plaintiff becoming pregnant and deciding not to have abortion — Whether plaintiff's action against defendants alleging breach of duty of care should be dismissed on grounds that pleadings (1) disclosed no reasonable cause of action; (2) were frivolous or vexatious or an abuse of process