Introduction

As Hale LJ said in her memorable speech in Parkinson:

And, if that be true of the normal child – and probably most of us would agree that it is – how much more does it apply to one who is disabled? Indeed, this compelling passage from Lady Hale convinces me that a study of the troubled pregnancy is incomplete without a consideration of its medico-legally most important aftermath – that is, the management of congenital disease. Thus, the rationale of this chapter, lies in the belief that there is a practical, as well as a conceptual, continuum between pregnancy and early motherhood. Given this premise, however, it will be appreciated that our remit can legitimately cover only those conditions which were present in utero or those in which the seeds of disablement were sown during fetal life – or, put another way, we will be considering only the child whose disability was foreseeable before he or she was born. As a corollary, we are not concerned directly with non-congenital diseases of childhood but we will use such cases when they are needed to illustrate a relevant point.