UK. The British Supreme Court has ruled against the Royal Berkshire Hospital, finding the claim of a woman, Edyta Mordel, reasonable and lawful, who sued the health center because, having known that her son has trisomy in par 21 causing the Syndrome Down, she would have aborted before he was born.
Mordel, of 33 yeas old, who is currently taking care of his son, believes she is entitled to compensation of more than 222,500 euros. The mother explained that during pregnancy she claimed that she wanted prenatal tests to detect possible complications or illnesses and that they were not practiced, so that after discovering after birth, her son’s Down condition was “devastated”, such and how the Daily Mail picks up.
Mordel claimed that, when she met a co-worker at work with Down syndrome, she saw “how difficult his life is”, so that if she had known in the case of his son, she would have chosen to take his life before birth.
For its part, the hospital says that these tests were offered, but were rejected by Mordel herself. The judge considers that the sonographer in charge of making the test did not take into account, although there were precedents that Mordel had requested it, and also that English is not Mordel’s first language. The magistrate understands that with the previous information and in spite of the first refusal, he should have asked her again before the apparent change of criteria.
According to the litigation authority of the national health system of the United Kingdom, in the last five years more than 78 million euros would have been paid in the last five years for cases such as Edyta Mordel, which in legal terms respond to the name of « unfair birth ».
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This article is a translation that originally appeared at Actuall