- Clinical negligence—indemnity costs awarded for failure to undertake ADR (EAXB v An NHS Trust)
- What are the practical implications of this case?
- Clinical negligence
- What was the background?
- What did the court decide?
- System failures
- Case details
Personal Injury & Clinical Negligence analysis: The claimant, EAXB, brought a ‘wrongful birth’ claim against an NHS Trust (the trust) following the birth of her child, DXAB, who was diagnosed with cardiac defect and Down’s syndrome. The trust failed to offer EAXB an urgent Combined Test (CT) within time, such that she missed the window for testing and received other less sensitive screening tests. The trust defended the claim on the basis that there was an adequate screening system in place. It was held that had the CT been performed, high risk of fetal abnormality would have been identified and EAXB would have terminated the pregnancy. The trust’s screening system was illogical, inadequate and did not make appropriate provision for organising urgent appointments.
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