i-law

Personal Injury Compensation

Wrongful birth claim

XXX v King’s College Hospital NHS Foundation Trust [2018] EWHC 646 (QB)

A judge has considered a case in which a chromosomal abnormality in a fetus had not been identified during an antenatal scan. The abnormality was not discovered until after the child, a boy called XXX for the purposes of anonymity, was born. The court was asked to determine whether the failure to detect the abnormality at the time of the scan amounted to negligence, and whether the mother would have opted to have her pregnancy terminated had she been informed at that early stage that the fetus was suffering a serious abnormality and appropriately counselled.

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