Update – message from the new co-editors

A message from Lizzie Boulden and Charley Turton

Dear blog readers,

We write by way of introduction and to pass our sincere thanks to outgoing editor, Rory Badenoch, who over the past three years has done a stellar job co-ordinating the blog in collaboration with John-Paul Swoboda. Thank you, Rory.

John-Paul remains in post as editor-in-chief.

As incoming co-editors, we join you at a strange time (amid the COVID-19 pandemic) and, as such, we know that you will be relying more than ever on online resources and content. We hope to bring you information, insight and much-needed distraction.

Please be on the lookout for further resources and features from 12KBW’s Clinical Negligence Team over the coming weeks and months, in the form of webinars, Q&As, and panel discussions, which we will keep you updated on.

As always, we welcome your comments and feedback. Please feel free to get involved and stay connected.

Best wishes,

Lizzie and Charley

ABC v St George’s Healthcare NHS Trust & Ors [2020] EWHC 455 (QB)   Does a doctor owe a duty of care to disclose a hereditary disease to a patient’s child?

In this post Helen Waller of 12KBW discusses Mrs Justice Yip’s dismissal of a claim that sought to establish that a doctor owed a duty of care to disclose a patient’s hereditary disease to his child.

An earlier appeal of a strike out application in this tragic case has already been reported on by Rachit Buch of 12KBW. That report can be found here:

The Factual Background

In brief summary of the facts, the father, XX, had killed the claimant’s mother in 2007, for which he was made subject of a restricted Hospital Order pursuant to the Mental Health Act 1983 following a conviction for manslaughter by reason of diminished responsibility. It transpired that XX had Huntington’s disease, a hereditary choreic syndrome. XX made it clear that he did not want the claimant and her sister to know. This remained true when XX learnt that the claimant was pregnant. XX knew that his status meant that the claimant might have Huntington’s disease and her unborn child also. He was aware that this might influence her decision about whether to continue with the pregnancy. Continue reading “ABC v St George’s Healthcare NHS Trust & Ors [2020] EWHC 455 (QB)   Does a doctor owe a duty of care to disclose a hereditary disease to a patient’s child?”