Rance v Mid-Downs Health Authority and Storr

(1990) 2 Med LR 27

QUEEN'S BENCH DIVISION

and Mr Justice BROOKE

Professional liability — Radiologist — Foetal abnormality suspected at ultrasonic scan — Scan at 25½ weeks' gestation — Radiologist's opinion that 19 weeks was last possible date for lawful termination of pregnancy — Failure to arrange follow-up scan or inform mother of suspicion — Whether abortion at 27 weeks would have been unlawful — Whether radioligist negligent — Whether negligence could have resulted in birth of child suffering from spina bifida — Whether ex turpi causa doctrine applicable — Abortion — Legality — Foetal abnormality suspected at ultrasonic scan — Scan at 25½ weeks' gestation — Whether infant would have been a child “capable of being born alive” at time any hypothetical abortion might have taken place — Whether radiologist under duty to re-scan or refer to centre of greater experience — Applicability of ex turpi causa doctrine — Offences Against the Person Act 1861; Infant Life Preservation Act 1929; Abortion Act 1967