The court was asked ‘can a child who is born alive, but suffering from disabilities occasioned by negligence on the part of the proposed defendant at a time when the child was en ventre and unborn, maintain an action for damages for negligence against the defendant.’
Held: The actions could be maintained. The appeals failed. The Court relied upon American and Australian authority and the civil law maxim that ‘an unborn child shall be deemed to be born whenever its interests require it’.
Dillon, Balcombe, Leggatt LJJ
[1992] EWCA Civ 2, [1993] QB 204, [1992] 3 All ER 833
Bailii
England and Wales
Professional Negligence
Leading Case
Updated: 01 November 2021; Ref: scu.262620