i-law

Litigation Letter

Birth of handicapped child

Enright and another v Kwun and another QBD LSG 17 July

The claimant, who at the age of 37 gave birth to a baby with Down’s syndrome, was awarded judgment on liability for the failure of the defendants to counsel her about the increased risk at her age of giving birth to such a baby or about screening tests or amniocentesis, which if it had proved positive, would have caused her to choose to have the pregnancy terminated. Both she and her husband were entitled to damages for wrongful birth.

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