Khan v Meadows (Rev2) [2019] EWCA Civ 152 (15 February 2019)

Khan v Meadows (Rev2) [2019] EWCA Civ 152 (15 February 2019)

The appellant's duty was limited to advising and investigating haemophilia risk; liability does not extend to losses associated with autism, as the scope of duty did not encompass all risks of pregnancy. The judge erred by applying 'but for' causation rather than the scope of duty test. The appeal is allowed and damages are limited to losses associated with haemophilia only.

Citation
[2019] EWCA Civ 152
Parties
Appellant: Dr Hafshah Khan; Respondent: Ms Omodele Meadows
Jurisdiction
England and Wales
Judgment Date
15 February 2019
Procedural Posture
Appeal From Queen's Bench Division / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Scope of Duty, Wrongful Birth, Causation, Damages
Tort Law Medical Negligence Scope of Duty Wrongful Birth Causation Damages

Case Brief

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Parties

Dr Hafshah Khan

Appellant

Ms Omodele Meadows

Respondent

Procedural Posture

Appeal From Queen's Bench Division / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the appellant's liability extends to additional losses associated with both haemophilia and autism or is limited to haemophilia only
  2. 2 Application of the scope of duty test in medical negligence cases

Ratio Decidendi

The appellant's duty was limited to advising and investigating haemophilia risk; liability does not extend to losses associated with autism, as the scope of duty did not encompass all risks of pregnancy. The judge erred by applying 'but for' causation rather than the scope of duty test. The appeal is allowed and damages are limited to losses associated with haemophilia only.

Court Disposition

Appeal allowed

Orders

  • Damages limited to losses associated with haemophilia only
  • No recovery for additional losses associated with autism