ABC v St George's Healthcare NHS Trust [2017] EWCA Civ 336

Disclosure of patient's medical information "The Claimant alleges that the particular circumstances of her case mean that the Defendants owed her a duty of care. She says it was critical that she should be informed of her father's diagnosis, firstly presumed and subsequently confirmed, in the light of her pregnancy. This was her first and only child. It was all along known that she would be a single mother with sole responsibility for the upbringing of the child. If informed of her father's diagnosis she would have sought to be tested for Huntington's Disease. If her own diagnosis was confirmed, she would have terminated the pregnancy rather than run the risk that her child might in due course be dependent on a seriously ill single parent or become an orphan, and the risk that in due course her child might inherit the disease. Her diagnosis would have precluded any subsequent pregnancy. The claim therefore includes a 'wrongful birth' claim in respect of the child. The child has an accepted risk of 50 per cent of contracting the disease, but it is not yet possible to reach a diagnosis in her case, one way or another."

CASES DATABASE

Full judgment: BAILII

Subject(s):

  • Medical records cases🔍

Date: 16/5/17🔍

Court: Court of Appeal (Civil Division)🔍

Judge(s):

Parties:

  • ABC🔍
  • St George's Healthcare NHS Trust🔍
  • South West London and St George's Mental Health NHS Trust🔍
  • Sussex Partnership NHS Foundation Trust🔍

Judicial history:

Citation number(s):

What links here:

Published: 18/5/17 23:11

Cached: 2020-09-18 09:59:54