Khan (Respondent) v Meadows (Appellant)
Case ID: UKSC 2019/0011
If a child born with more than one disability would not have been born but for a doctor's failure to advise of the risk of their being born with one of those disabilities, can the mother sue the doctor for the costs associated with all of the child's disabilities, or only for the costs associated with the disability the doctor was consulted on?
The appellant, Ms Meadows, is the mother of a child with haemophilia and autism. Before her pregnancy, Ms Meadows asked Dr Khan to establish whether she carried the haemophilia gene. Following blood tests, the mother was wrongly led to believe that any child she had would not have haemophilia. Had Ms Meadows known that she carried the haemophilia gene, she would have undergone foetal testing for haemophilia when she was pregnant. This would have revealed the foetus was affected. Ms Meadows would then have chosen to terminate her pregnancy, and her child would not have been born.
Ms Meadows sought damages from Dr Khan based on wrongful birth. She argued that Dr Khan was liable for all the consequences of the pregnancy. Dr Khan admitted liability for the consequences of the child's haemophilia, but denied liability in relation to the autism.
The High Court held that Ms Meadows was entitled to damages in relation to the costs of bringing up a child with haemophilia and that she was entitled to the additional costs in relation to her child’s autism, even though that was an unrelated condition.
The Court of Appeal allowed Dr Khan’s appeal. Ms Meadows now appeals to the Supreme Court.
Lord Reed, Lord Hodge, Lady Black, Lord Kitchin, Lord Sales, Lord Leggatt, Lord Burrows.
Hearing start date
05 Nov 2020
Hearing finish date
05 Nov 2020
|05 Nov 2020||Afternoon session|
Future Judgment Update
Please note that appeal in the matter of Khan (Respondent) v Meadows (Appellant) has been heard by the Supreme Court and is currently awaiting judgment.
As soon as the judgment hand-down date is confirmed, it will be published on the Future judgments page of this website. As a very broad indication, judgments tend to follow between three to nine months after the conclusion of the appeal hearing, although in some cases it may be earlier than that. Information about judgment hand-downs is usually announced one week in advance. We are unable to give any indication of the likely hand-down date for judgments not listed on the Future judgments page.