§ PUBLISHED JUDGMENT · 2019

Mordel v Royal Berkshire NHS Foundation Trust

[2019] EWHC 2591 (QB)·High Court (Queen's Bench Division)·8 October 2019

The mother had accepted Down's screening at booking, but the sonographer recorded it as declined at the scan and nobody checked that she really understood and meant to refuse. The judge found the trust in breach and accepted she would have had invasive testing and a termination had the screening been done.

Outcome

Claimant succeeded

Sum stated in judgment

Not stated

Claim type

Clinical Negligence

Decided

Liability decided at trial

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§ WHAT HAPPENED

The facts, in brief.

Defendant: Royal Berkshire NHS Foundation Trust · this trust’s claims data

Injury: Wrongful birth: child born with Down's syndrome after screening was recorded as declined at the 12-week scan without the mother's decision being properly confirmed

Specialty: Obstetrics / antenatal screening · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“There must be judgment for the claimant.”
[2019] EWHC 2591 (QB) at [154] · read the full judgment

The money

Liability-only trial; no damages figure printed in the judgment.

§ WHY IT MATTERS

What this case shows.

A patient's apparent refusal of screening must be properly checked; a quick question and a note saying declined can be negligent. Failing to offer or confirm antenatal screening can found a wrongful birth claim.

About clinical negligence claims →

§ MORE CLINICAL NEGLIGENCE JUDGMENTS

Claimant succeeded£550,000

Alexander v HCA International Limited & Anor

[2026] EWHC 1284 (KB)·2026·Liability decided at trial

A patient developed life-threatening pancreatitis after a gallstone-removal ERCP. The judge found the consultant never prescribed or instructed the standard preventive diclofenac suppository, so it was not given, and entered judgment for £550,000 against him.

Failing to give a recognised prophylactic drug before a procedure can be negligent even in private care. The prescribing doctor, not the hospital, carried the liability here.

Claim failed

O'Brien v Guy's & St Thomas' NHS Trust

[2022] EWHC 2735 (KB)·2022·Liability decided at trial

A man with end-stage kidney failure was given a single 400mg gentamicin dose for a chest infection and suffered permanent balance and hearing damage. His sister's claim failed because the judge accepted that a high dose was a reasonable choice for a worsening infection with sepsis risk, despite his renal impairment.

A drug dose that causes known side-effects is not automatically negligent if it was a reasonable clinical judgement in the circumstances. Departing from a hospital guideline is not itself proof of negligence.

Claimant succeeded

Plan v El-Amir & Anor

[2020] EWHC 2902 (QB)·2020·Liability decided at trial

A 79-year-old with macular degeneration was persuaded to have an intraocular lens implant in her better eye without proper informed consent, then developed raised eye pressure that the surgeon left untreated for five weeks. Stacey J found the surgeon negligent both in consenting and in delaying laser treatment, causing total blindness in that eye.

Private eye surgeons must obtain genuinely informed consent and act promptly on post-operative complications. A delay that materially contributes to permanent damage is enough for liability even if some harm had already occurred.

All clinical negligence judgments →

Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

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