Description
Walker J held that a general practitioner had not been negligent in failing to diagnose that a pregnant woman had suffered or may have suffered from a premature rupture of her womb membranes resulting in her baby being born prematurely at home and without medical support and such that he was left with disabilities associated with cerebral palsy. Walker J found that on the evidence, the general practitioner had not been informed of any incontinence such that would have caused him to investigate possible rupture of the womb membranes. Further, despite the limited causative effect of any negligence, in that if that baby had been born in hospital there would have been a material reduction in his disability, Walker J stated that the general practitioner would (if negligence had been established), have been liable for the totality of the disabilities.