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KembaraXtra-Case Law-Goodwill v. British Pregnancy Advisory Service (1996)
Key Principle
Key Principle
- A doctor does not owe a duty of care to third parties who are not identifiable at the time of the breach of duty.
- Patient (M): Underwent a vasectomy performed by the defendant doctors.
- Information Provided: M was told the vasectomy was successful and contraception was no longer needed.
- Plaintiff: Was not M's partner at the time of the vasectomy but later began a sexual relationship with him.
- Outcome: The Plaintiff became pregnant and sued the doctors.
- The Court of Appeal ruled that the doctors were not liable.
- The relationship between the doctors and potential future sexual partners of the patient was not sufficiently close to establish a duty of care.
- The doctors did not voluntarily assume responsibility to the plaintiff when advising the patient (M).
- At the time of the vasectomy and advice, the doctors:
- Had no knowledge of the plaintiff.
- The plaintiff was not an existing partner.
- The plaintiff was just a potential future sexual partner, part of a large, indeterminate class.
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