Tort XVIII - Causation IV
In McKay v Essex Area Health Authority (1982) the plaintiffs, a mother and her child sued a doctor for not advising the mother to terminate her pregnancy. The mother had contracted rubella or German measles while she was pregnant and the chances were high that the child would be born with serious or severe disabilities but because the mother was not advised accordingly, she continued with the pregnancy. The court held that the doctor was not liable under the circumstances despite the fact that he’d not given the mother suitable medical advice. In today’s dynamic and multi-faceted world, it is possible in many instances to determine whether a child will be born healthy or otherwise and it may be appropriate to place a duty on doctors to inform all prospective mothers of any risks involved with the pregnancy or educate the mothers as to the risks as soon as the facts become available. The decision to terminate the pregnancy or otherwise however should be left entirely in the hand