Burton v Islington Health Authority

(1993) 4 Med LR 08

COURT OF APPEAL

Lord Justice DILLON, Lord Justice BALCOMBE, and Lord Justice LEGGATT

Negligence — Duty of care — Right to sue — Plaintiffs injured due to defendants' alleged medical negligence at time when plaintiffs were embryos en ventre sa mere and not capable of being born alive — Whether plaintiffs had legal status and entitled to sue in negligence after birth — Whether defendants owed duty of care to plaintiffs