A v East Kent Hospitals University NHS Foundation Trust

Negligence – Duty to take care. The claimant mother brought proceedings against the defendant NHS Trust in respect of her child B who was born with chromosomal abnormalities. It was the claimant's contention that the defendant had been in breach of duties to use reasonable care and skill in the management of her pregnancy and had failed to advise her that her baby might be suffering from a chromosomal abnormality. The Queen's Bench Division made an anonymity order in respect of the claimant and B and held that the evidence showed, inter alia, that there was no material risk to which she should have been alerted that B was suffering from a chromosomal abnormality.

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