A Duty Of Care To A Non-Existent Person?

Proving that a doctor owes a duty of care to their patient is a fundamental part of a medical malpractice case. Where there is no duty of care, there can be no liability for damages.

Establishing that a doctor who is providing medical treatment to their patient has a duty of care to that person seems deceptively simple. But what about a future patient who does not yet exist?

A recent case before the Ontario Court of Appeal has prompted much discussion and debate over whether a fertility doctor owes a duty of care to both the person being treated as as well as the future offspring if the fertility treatment causes them injury.

In this blog post, I explore some of the complex legal and ethical issues of this case.