The defendant Trust admitted a failure to diagnose cancer in the claimant. As a result of the necessary treatment, she became infertile. An earlier treatment might have avoided this. She now sought damages, inter alia for losses associated with the costs of a foreign surrogate pregnancy.
Held: Damages were calculated and awarded including a sum toward the costs of the surrogacy arrangement.
Judges:
Sir Robert Nelson
Citations:
[2017] EWHC 2318 (QB), [2018] PIQR Q2
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Briody v St Helens and Knowlsey Area Health Authority CA 29-Jun-2001
The appellant had claimed and been awarded damages for a negligently performed caesarean operation. She had been refused damages for the cost of later going to California to go through a commercial surrogacy procedure.
Held: Such claims were . .
Cited by:
Appeal from – XX v Whittington Hospital NHS Trust CA 19-Dec-2018
The defendant had failed to diagnose cancer in the claimant. The court was now asked whether the judge was correct in law to refuse (or limit) Ms X’s recovery of damages for expenses of surrogacy arrangements which she intended to make, either in . .
At QBD – XX v Whittington Hospital NHS Trust (Leave) CA 19-Dec-2018
Refusal of permission to appeal to Supreme Court . .
Cited – Whittington Hospital NHS Trust v XX SC 1-Apr-2020
A negligent delay in the diagnosis of her cancer left the clamant dependent on paid for surrogacy arrangements. Three issues were raised; could damages to fund surrogacy arrangements using the claimant’s own eggs be recovered? Second, if so, could . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence, Damages
Updated: 19 September 2022; Ref: scu.597495
