Edyta Mordel—originally from Poland but now living in Reading, Berkshire, England—became pregnant in 2014.
Now she may receive £200,000 ($245,000) from the National Health Service (NHS) for "wrongful birth."
When Mordel's son was born she was "very upset and angry" to learn Aleksander had Down Syndrome. Mordel—a single parent at the time of her son's birth—thought she received an all clear for her child's health.
As a result she brought a suit citing medical negligence against the NHS.
But NHS doctors claimed Mordel waived the screening for Down Syndrome provided by NHS at 10-14 weeks of pregnancy. A judge disagreed saying they failed to get informed consent.
Mordel stated during the case:
"I knew someone from work with Down's syndrome. I saw how difficult his life is and I would not have continued my pregnancy."
"I would not have wanted a disabled child and I would not have wanted my child to suffer the way disabled people suffer."
"I wouldn't want to have brought my child into the world like that."
Scheduled to receive the tests, hospital officials claimed Mordel declined during the appointment.
The judge ruled the sonographer was too "abrupt" in their questions and too willing to accept Mordel's automatic "no" in a series of questions.
The judge stated:
"She knew, or ought to have known, Ms Mordel had indicated provisionally she wanted Down's screening."
They added:
"Nothing I have said should be interpreted as suggesting that the birth of a child with Down's syndrome must be seen as unwelcome."
People are divided on the case.
Mordel is raising her son, who is 4 years old now.
Her lawsuit was about medical negligence according to her filing, not an indication she does not love or take care of her son.
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