Wrongful birth Archives - The QMLR Archive

Breach Found in Pre-Conception Claim

Toombes v Mitchell [2021] EWHC 3234 (QB) The Claimant suffered from a congenital defect, as a result of her mother not having taken folic acid before her conception. Her claim alleged that, at a pre-conception consultation on 27 February 2001, Dr Mitchell, the Defendant, negligently failed to advise her mother,…

By Matthew Donmall May 24, 2022Clinical Negligence, Issue 11Wrongful birth

Clinical Negligence Issue 9

Supreme Court Revisits Wrongful Birth Claims

Khan v Meadows [2021] UKSC 21 In Khan v Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in 'wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment.…

By Robert Kellar KC, Owain Thomas KC July 28, 2021Clinical Negligence, Issue 9Scope of duty, Wrongful birth

Clinical Negligence Issue 8 Personal injury

“Wrongful Life” Revisited

Toombes v Mitchell [2020] EWHC 3506 (QB) In Evie Toombes v Dr Philip Mitchell [2020] EWHC 3506 the High Court has given renewed consideration to claims for, so called, “wrongful life”. Can a disabled person ever claim damages on the basis that they would not have been born but for…

By Robert Kellar KC April 15, 2021Clinical Negligence, Issue 8, Personal injuryWrongful birth

Clinical Negligence Issue 3

Wrongful Birth

Mordel v Royal Berkshire NHS Foundation Trust [2019] EWHC 2591 (QB) This article originally appeared in Issue 3 (November 2019). The Claimant succeeded in establishing liability in this unusual wrongful birth claim before Mr Justice Jay. Background She alleged that the Defendant’s failure to carry out screening for Down’s syndrome…

By Shaheen Rahman KC November 1, 2019Clinical Negligence, Issue 3Consent, Wrongful birth

Clinical Negligence Issue 1

Damages and the scope of duty

Meadows v Khan [2019] EWCA Civ 152 This article originally appeared in Issue 1 (May 2019). In this case the Court of Appeal confirmed that when considering the question of liability for damages in negligence for wrongful birth, the correct test was the ‘scope of duty’ test in Australia Asset…

By Suzanne Lambert May 1, 2019Clinical Negligence, Issue 1Causation, Scope of duty, Wrongful birth

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