Farraj & Anor v King's Healthcare NHS Trust & Anor

Farraj & Anor v King's Healthcare NHS Trust & Anor

Both defendants breached their duty of care to the claimants by failing to ensure adequate communication regarding the quality and reliability of the genetic test sample. Had proper communication occurred, a second sample would have been provided and the pregnancy terminated before the legal cut-off. The claim is not barred by Jordanian law or public policy. Liability is apportioned two-thirds to Cytogenetic DNA Services Ltd and one-third to King’s Healthcare NHS Trust.

Parties
Claimant: Mrs H B Farraj; Claimant: Mr B Farraj; First Defendant: King’s Healthcare NHS Trust; Second Defendant: Cytogenetic DNA Services Ltd
Jurisdiction
England and Wales
Judgment Date
17 October 2008
Procedural Posture
Civil Medical Negligence / Judgment on Liability Only
Outcome
Liability established against both defendants; damages to be assessed.
Legal Topics
Wrongful Birth, Duty of Care, Non Delegable Duty, Causation, Apportionment of Liability, Conflict of Laws, Clinical Laboratory Negligence
Tort Law Medical Negligence Private International Law Wrongful Birth Duty of Care Non Delegable Duty Causation Apportionment of Liability +2 more

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Parties

Mrs H B Farraj

Claimant

Mr B Farraj

Claimant

King’s Healthcare NHS Trust

First Defendant

Cytogenetic DNA Services Ltd

Second Defendant

Procedural Posture

Civil Medical Negligence / Judgment on Liability Only

Legal Issues

  1. 1 Whether the defendants breached their duty of care to the claimants in the handling and communication regarding a genetic test sample
  2. 2 Whether the duty of care was non-delegable
  3. 3 Whether the claim is governed by English or Jordanian law and the effect of Jordanian abortion law

Ratio Decidendi

Both defendants breached their duty of care to the claimants by failing to ensure adequate communication regarding the quality and reliability of the genetic test sample. Had proper communication occurred, a second sample would have been provided and the pregnancy terminated before the legal cut-off. The claim is not barred by Jordanian law or public policy. Liability is apportioned two-thirds to Cytogenetic DNA Services Ltd and one-third to King’s Healthcare NHS Trust.

Court Disposition

Liability established against both defendants; damages to be assessed.

Orders

  • Judgment for the claimants against both defendants on liability.
  • Damages to be assessed.