Wyatt v Curtis

Wyatt v Curtis

The appeal was dismissed because Dr Howarth was not found negligent; there was no duty to probe or repeat advice already given by a competent doctor unless the patient asked for further information. The judge's findings on causation were insufficiently reasoned, but this was immaterial as no liability was established against Dr Howarth.

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

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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 (hospital doctor) was negligent in failing to warn the claimant of the risks to her unborn child after maternal chickenpox
  2. 2 Whether, if negligent, Dr Howarth's failure caused the claimant to forgo a termination of pregnancy
  3. 3 Whether Dr Curtis (GP) was entitled to contribution from the Health Authority

Ratio Decidendi

The appeal was dismissed because Dr Howarth was not found negligent; there was no duty to probe or repeat advice already given by a competent doctor unless the patient asked for further information. The judge's findings on causation were insufficiently reasoned, but this was immaterial as no liability was established against Dr Howarth.

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