Burton v Islington Health Authority [1993] QB 204

Tina Burton was born disabled. The disability was caused a dilation and curettage procedure (a minor surgical procedure to remove tissue from the lining of the womb) undertaken on her mother during her fifth week of pregnancy. The medical professionals had been negligent in not performing a pregnancy test before undertaking the procedure.

Held:

The Health Authority was liable to pay damages to Tina Burton for her disability. A duty of care is owed to a foetus despite the fact that a foetus does not acquire a legal personality until birth.

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