Wrongful birth claim – Molloy v El Masri

Molloy v El Masri [2014] SADC 53 concerned a claim for wrongful birth damages and mental harm. The patient and her husband sought compensation from her general practitioner, following the birth of her child who suffered Down syndrome.

Within the decision is a brief debate as to whether claims focusing on failure to tell a woman that she is pregnant are claims about the provision of information or misdiagnosis claims: [37] – [38].

Relevant to the success of the claim by the patient appears to have been the failure of the defendant to follow up a non-attendance at a later consultation: [274].

The reasons for judgment did not refer to an assessment of damages, which it appears was agreed should follow later: [7].

NOTE: This decision was the subject of an appeal, which saw an order for a retrial.