A Mother Files A Litigation Against NHS For Failing To Spot That Her Baby will Suffer From Down’s Syndrome

A mother has recently filed a suit against NHS for more than £200,000 after the doctors allegedly failed to detect that her unborn baby had Down’s syndrome.

Edyta Mordel, 33, claims that she requested for checks to be performed during her pregnancy and was shocked and devastated when her baby son was diagnosed with a condition after his birth.

Although the mother is now 100 percent devoted to her four-year-old Aleksander, she said in High Court that she would have terminated her pregnancy if she had known that the baby would be born with Down’s syndrome.

Source – Daily Mail

In legal terms, the case is named as ‘wrongful birth’ because Miss Mordel claims that she would have undergone abo*tion if she had known of the condition of her son earlier.

Statistics from 2017 revealed that the NHS Litigation Authority had paid close to £70million to parents in ‘wrongful birth’ cases in the last five years.

Miss Mordel, from Reading, has filed litigation on the grounds that she needs compensation for the increased financial costs as well as the impact of his son’s condition on her of caring for her son, and for its impact on her ability to work.

Miss Mordel got pregnant in 2014 and says that in her first appointment itself, she made it clear that she wants to screen the baby for Down’s.

Source – Daily Mail

The test was carried out in the 12th-week but she had received the all-clear.

Lawyers for the NHS are claiming an entirely opposite thing saying that they offered the tests to Miss Mordel but she declined to take them and ‘bitterly regretted’ her decision after Aleksander was born.

Miss Mordel told the High Court: ‘I was always sure about the decision and I always wanted it.

‘I spoke with the midwife about Down’s syndrome screening. I had informed myself. I watched a lot of videos and read about screening.

‘I knew from the start that I would agree on the Down’s syndrome screening and I would not make any other decision.’

Source – Daily Mail

Her barrister, Clodagh Bradley QC, said that the screening if would have done properly, would have revealed a high risk of Down’s.

‘Miss Mordel would have been offered an abortion and she and her partner, Aleksander’s father Lukasz Cieciura, agreed they would have terminated the pregnancy.

Miss Mordel gave birth by caesarean section at the Royal Berkshire Hospital in January 2015.

The mother’s social media profile states that she works for a supplier of medical equipment. She added: ‘I was reassured so many times everything was all right, that the pregnancy was fine.’

The lawyer said: ‘Miss Mordel must have realised she had not had the screening.

‘Not only did her copy of the handheld notes contain the scan report saying that Down’s screening had been declined, but she must have realised that she had never had the result of screening which she had been told to expect.’

The hearing continues.

Source – Daily Mail