Wyatt v Curtis [2003] EWCA Civ 1779 (30 October 2003)

Wyatt v Curtis [2003] EWCA Civ 1779 (30 October 2003)

Dr Howarth did not owe a greater duty to probe or correct the advice given by Dr Curtis in the absence of a specific request from the patient, and there was no breach of duty or causation established to support Dr Curtis's claim for contribution.

Citation
[2003] EWCA Civ 1779
Parties
Claimant: Sarah Wyatt; 1st Defendant/appellant: Dr Anne Curtis; Part 20 Defendant/respondent: Central Nottinghamshire Health Authority
Jurisdiction
England and Wales
Judgment Date
30 October 2003
Procedural Posture
Civil Appeal / Appeal From High Court (part 20 Claim)
Outcome
Appeal dismissed
Legal Topics
Duty of Care, Causation, Informed Consent, Contribution Between Tortfeasors
Medical Negligence Tort Law Duty of Care Causation Informed Consent Contribution Between Tortfeasors

Case Brief

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Parties

Sarah Wyatt

Claimant

Dr Anne Curtis

1st Defendant/appellant

Central Nottinghamshire Health Authority

Part 20 Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (part 20 Claim)

Legal Issues

  1. 1 Whether Dr Howarth owed a duty to warn the claimant of the risk to her unborn child from chickenpox
  2. 2 Whether Dr Howarth breached his duty of care
  3. 3 Whether any breach by Dr Howarth caused loss to Dr Curtis (contribution claim)

Ratio Decidendi

Dr Howarth did not owe a greater duty to probe or correct the advice given by Dr Curtis in the absence of a specific request from the patient, and there was no breach of duty or causation established to support Dr Curtis's claim for contribution.

Court Disposition

Appeal dismissed

Orders

  • Respondent's costs of the appeal to be taxed on the standard basis if not agreed
  • Application for permission to appeal to the House of Lords refused