Michele Johnston, now 33, of Corby, Northamptonshire, sued Dr Sheila Matthews over the birth of her son Sam, born prematurely in April 1989 suffering from a severe form of cerebral palsy.

Mrs Johnston, who has since married and is expecting her fourth child, claimed Dr Matthews told her she would never be able to get an abortion for her unwanted pregnancy.

She said the GP wrongly told her she was too late for an abortion at 14-and-a-half weeks and that she did not meet the legal criteria for a termination - which requires that the risk to the woman's mental health from continuing the pregnancy is greater than if it was ended.

Religious beliefs

Dr Matthews denied negligence, but admitted she had strong religious objections to abortion.

However, she said this did not cloud her professional judgement.

Although she had only ever directly referred one patient - a 13-year-old girl - for an abortion, it was her practice to ask a patient set on termination to see another doctor at the surgery.

She said she did not believe Mrs Johnston, who was bulimic and had attempted suicide just before she sought the abortion, qualified for an abortion under the Abortion Act.

"I felt that she was of an age when she could understand and cope with the pregnancy and I was not aware of any problems with her physical health," she told the court.

The judge said Mrs Johnston had chosen to see Dr Matthews rather than her normal GP because she was a woman.

"I have no doubt that, if she had gone to see her usual GP, he would have referred her for termination which would have been carried out and this appalling tragedy...would have been avoided," he said.

He added that Mrs Johnston and her boyfriend had privately received counselling after visiting Dr Matthews for the second time.

However, they had decided not to take action until after the third consultation.

Therefore, he said, Dr Matthews' views had not prevented Mrs Johnston from seeking abortion.

He rejected Mrs Johnston's testimony that Dr Matthews said it was too late for an abortion.

Ann Furedi of the British Pregnancy Advisory Service said the case showed the inadequacy of the current abortion law which requires two doctors to agree that a woman meets the criteria for a termination.

"There is a clause in the law that allows doctors to conscientiously object to involvement in abortion," she said.

"They then have a duty of care to refer women requesting abortion to other colleagues.

"It is far more honest and helpful to women if doctors who oppose abortion exercise their right to opt out of abortion advice and care.