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Greenfield v Irwin and Others, Court of Appeal

8 February 2001
The issues

Pregnancy – Misdiagnosis – Claim for Loss of Earnings – Human Rights Act

The facts

The Claimant was pregnant. Nurse had negligently failed to discover the pregnancy. The Claimant gave birth to healthy child. She stated in evidence that she would have aborted the baby in order to continue in work. She claimed for loss of earnings.

The decision

A healthy child was an incalculable benefit. As a matter of law it could not be asserted that the losses would outweigh the benefits. Compensation must be held to fall outside the ambit of the duty of care. McFarlane v Tayside Health Board followed. No distinction in law arose in respect of negligent advice. Application to add as additional head of appeal a claim that the Judge’s decision violated the Claimant’s right to family life under Article 8 dismissed.

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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