Source: All England Reporter
Publisher Citation: [2003] All ER (D) 220 (May)
Neutral Citation: [2003] EWHC 1000 (QB)
Court: Queen's Bench Division

Morland J

Representation Gerard McDermot QC and Kevin Naylor (instructed by Sarah Barclay & Co, Cleveleys) for the claimants.
  David Westcott (instructed by Crutes, Newcastle) for the first defendant.
  David Westcott (instructed by Hempsons, Manchester) for the second defendant.
Judgment Dates: 16 May 2003


Negligence - Duty of care - Health authority - Medical negligence - 'wrongful birth' - Failure to advise on increased risks at age 37 of giving birth to baby with Down's syndrome.

The Case

On the balance of probabilities, the claimant had not been counselled in relation to screening tests or amniocentesis by either her general practitioner, her nominated midwife or her obstetric consultant. Had she been properly advised, she would have chosen amniocentesis and, on proving that her child would be born with Down's syndrome, she would have chosen to terminate the pregnancy.

Practice Areas

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