The study concerns the case decided by the Court of Appeal in Warsaw in a judgment of 4 VI 2020 (I ACA 395/19). The Court decided about pecuniary and non-pecuniary loss incurred by a newborn child as a result of negligent postnatal care as well as about emotional harm caused to its parents due to violation of their personal rights and the patient's right to be informed about their child's health. Firstly, the authors analyse a medical error which, committed by a defendant doctor, resulted in serious neurological injuries to the child. Further, they try to answer the question whether it was possible to substantiate the claim on the basis of loss of chance doctrine in similar cases.