A woman has won a record £9 million in compensation from a negligent GP who would have terminated her pregnancy had she been aware that her son would be born gravely disabled.
The unnamed woman’s family had a history of the blood condition haemophilia – a genetic disorder of the blood that impairs the blood’s ability to clot and which can lead to life-threatening bleeds. She had attended her local GP surgery and asked to be tested to see if she was a carrier of the gene. She was not given the correct blood test to identify if she was a carrier, but only if she herself suffered from the condition. After her test results had come back negative, she was led to the mistaken belief that any children she had in the future would not be afflicted by haemophilia.
She gave birth to her son born five years later, and it was soon discovered that he suffered from an aggressive form of haemophilia. She subsequently underwent genetic testing that confirmed that she was a carrier.
Through her lawyers, the woman argued that had she known that she was a carrier of the condition at the time she fell pregnant, foetal testing would have revealed her son’s condition and she would have chosen to terminate her pregnancy at an early stage.
Lawyers for the GP admitted liability and conceded that the mother would be entitled to be compensated for the additional costs involved in bringing up a child with haemophilia. However, by terrible coincidence, her son was also born with autism which meant that he required specialist care. It was argued on behalf of the GP that the mother was not entitled to compensation in respect of the additional costs associated with that condition.
However, the High Court upheld her claim in full and noted that the boy would not have been born had it not been for the GP’s admitted negligence. In those circumstances, the court determined that the costs flowing from the boy’s autism also fell within the GP’s assumption of responsibility.
If you have concerns about the medical treatment which you have received from a hospital or GP and wish to speak with one of our specialist clinical negligence solicitors, please contact a member of the Personal Injury team on 0808 166 8827.
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