The clamant’s daughter had been born with serious brain defects. The defendant’s doctor had failed to spot the defect in an ultra scan before her birth. There had been discussions about the scan, and the claimant had considered having an abortion, but acted upon the doctor’s re-assurance.
Held: The ultrasound system does not produce clear images.
Judges:
Jack Mr Justice Jack
Citations:
[2004] EWHC 2452 (QB)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Penney and Others v East Kent Health Authority CA 16-Nov-1999
A cervical smear screener could be liable in negligence if he failed to spot obvious abnormalities in a test result which indicated that further investigation was required. To say this is not to say that such screening tests were expected to achieve . .
Cited by:
Appeal from – Lillywhite and Another v University College London Hospitals’ NHS Trust CA 7-Dec-2005
The claimant sought damages for severe injuries suffered by their child at birth, and now appealed finding that the doctor had not been negligent. The allegation was simply that the injury could not have occurred but for negligence in the defendant. . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence
Updated: 06 November 2022; Ref: scu.219170
