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Health & Fitness NHS payout for mother who would've aborted her Down’s syndrome son

15:35  11 october  2019
15:35  11 october  2019 Source:   walesonline.co.uk

Mum who would have aborted unborn son if she knew he had Down's Syndrome is now suing the NHS

Mum who would have aborted unborn son if she knew he had Down's Syndrome is now suing the NHS Edyta Mordel has taken the case to the High Court in London and claims medics failed to carry out tests - allegations with the National Health Service strongly denies

She sued the NHS for "wrongful birth", claiming that had she had the screening and Down ' s was confirmed, she would have aborted her unborn son . The decision means Ms Mordel is entitled to a damages payout from the NHS Trust, with her lawyers claiming that she should get more than £200

with Down ’ s Syndrome – but mum who got payout for condition being missed makes my blood boil. a huge hospital payout , saying she'd have aborted her son with Down ' s Syndrome had she been Edyta Mordel says she would have aborted her son had she knownCredit: Champion News

a close up of a woman: Edyta Mordel said she would have had an abortion if she'd known her son would have Down's syndrome © FB Edyta Mordel said she would have had an abortion if she'd known her son would have Down's syndrome

A mum who said she would have aborted her son if she had known he had Down syndrome is set to win a six-figure payout from the NHS.

The award comes after a court ruled her doctors made a “mistake” not running the test.

Edyta Mordel, 33, was devastated when her son Aleksander was born in 2015 with the condition, saying she “would not have wanted her child to suffer the way that disabled people suffer”.

Both she and her partner, Lukasz Cieciura, said they would have had the baby aborted if they had known he would have the condition.

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A mum who said she would have aborted her son had she known before birth he had Down ’ s ­ syndrome has been awarded an NHS payout . Edyta Mordel, 33, could receive up to £200,000 after suing over the “wrongful birth” of her son , who is now aged four. The High Court found that medics

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Since giving birth at the Royal Berkshire Hospital in England, Ms Mordel has been caring for her son but claimed she would have ended the pregnancy if the antenatal screening she underwent had concluded her child had the condition.

She claimed she had asked for a screening and would have undergone further tests to confirm the diagnosis if it had detected signs of Down's syndrome.

All mums-to-be are offered a test for Down’s syndrome between 10 and 14 weeks of ­pregnancy - and Ms Mordel said she was under the impression her foetus had been screened.

The trust contended that Ms Mordel had declined the initial test and later regretted her decision, reports BirminghamLive .

But, giving judgment at the High Court in London on Tuesday, Mr Justice Jay ruled in Ms Mordel's favour - paving the way for her to receive a payout believed to be a six-figure sum.

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A mum whose son was born with Down ’ s has been awarded a huge payout after saying she would ’ ve aborted her baby if she’d known. Since giving birth at the Royal Berkshire Hospital in England, Ms Mordel has devoted herself to caring for her son but claimed she would have ended the pregnancy if

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Mordel reportedly wants £200,000 for the additional costs of caring for her son and the lost work time caused by the care he requires.

"Angry and upset"

The judge said Ms Mordel had booked for all tests, including the initial screening for Down's syndrome, at an appointment in June 2014.

However, when asked by a sonographer the following month if she wanted the screening, she said no.

The sonographer then carried out the rest of the scan without the initial test for Down's syndrome.

Aleksander was diagnosed with the condition hours after his birth, and medical records noted his parents were "angry and upset".

In her evidence to the court at a hearing in July, Ms Mordel said she was sure she always wanted the screening and had booked it for herself.

She said in her witness statement: "I knew someone from work with Down's syndrome.

"I saw how difficult his life is and I would not have continued my pregnancy.

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Service after she said she would have aborted her son if she'd known he had Down syndrome , after a herself declined a Down syndrome screening that is usually offered between 10 to 14 weeks of in charge of the screening had not obtained an "informed consent" from the expectant mother to

"I would not have wanted a disabled child and I would not have wanted my child to suffer the way that disabled people suffer.

"I know how my colleague acts, speaks and what people say about him.

"I wouldn't want to have brought my child into the world like that."

Mr Cieciura said in his evidence that if the screening had been carried out and showed a risk of Down's syndrome, they would have opted for further tests.

He added: "If, following these further tests, we'd found out that Aleksander had Down's syndrome, we would have terminated the pregnancy.

"We would have discussed it and thought that termination was right.

"We would have known that the problems that Aleksander has now he will have for the rest of his life."

"Failed to discharge their duty"

Mr Justice Jay found that Ms Mordel had misunderstood the sonographer's question when she replied "no" after being asked if she wanted the test.

The judge concluded that both the sonographer and a midwife who conducted a follow-up appointment "failed to discharge their duty" to Ms Mordel by not querying her apparent refusal to have the test, in light of her earlier indication that she wanted it.

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Mother , 33, who said she would have aborted her beloved son if she had known he had Down ' s Syndrome wins massive NHS compensation payout because antenatal tests were not carried out . Edyta Mordel gave birth to Aleksander in 2015, and is devoted to caring for him.

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He said the trust amended its policy relating to screening following Aleksander's birth.

Ruling in Ms Mordel's favour, he said: "On balance, and in the light of all the evidence and the inferences to be drawn from it, I have concluded that the claimant probably would have proceeded to invasive testing had she been told that there was a high risk of Down's syndrome.

"The claimant was a relatively young mother and I think that at the end of the day the fear that she might be carrying a child with Down's syndrome would, at least for her, have tipped the balance."

The judge added: "Nothing I have said in this judgment should be interpreted as suggesting that the birth of a child with Down's syndrome must be seen as unwelcome.

"Some parents have absolute ethical objections to termination of pregnancy, and for them the discussion begins and ends at that point.

"Other parents accept the possibility of having a baby with Down's syndrome without a shred of concern or reluctance.

"The state expresses no judgments either way, but it is the policy of the NHS that Down's screening must be offered to all expectant mothers, the premise being that many would wish to exercise their right to proceed to medical termination in the event of a diagnosis.

"These various wishes and decisions must be and are respected without comment."

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The youngster, who can only be referred to as Baby H due to the adoption process, was filmed at her home in Texas. The mother asks the baby how her day is going and she replies with a huge smile.The clip of the little girl, who can only be referred to as Baby H due to the adoption process, was filmed at her home in Texas.

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