A HIGH Court judge has ruled that the religious beliefs of a Fylde GP may have led to the "wrongful birth" of a Down's Syndrome child.
Fleetwood GP, Dr Tse Sak Kwun, was accused of failing to warn expectant mum Ann Enright of the increased risk of Down's to mothers in their 30s during a High Court hearing on Friday, May 16.
Dr Kwun was also found to have entered the then 37-year-old patient as 27 on medical records, a move which moved her out of the high risk age range and as a result she was not offered an amniocentesis test which could have detected the condition.
The court heard how the mum-of-three and husband Mark then went ahead with the pregnancy and gave birth to a Down's syndrome daughter -- Amy -- in November 1997.
Amy, now five, also suffered from a heart defect which required surgery at the Alder Hey Hospital in Liverpool, which has been plagued by a series of organ retention scandals dating back to the 80s.
The Enright family decided to seek legal advice over the errors made by Dr Kwun, whose practice is on Waverley Avenue in the Port, and staff at Blackpool Victoria NHS Trust.
They claimed that -- had they been made aware of the risks or undergone testing -- they would have considered the possibility of terminating the pregnancy in its early stages. But, in a harrowing twist, evidence uncovered during the investigation into Amy's birth showed that the tot's healthy thymus gland had been removed without her parents knowledge by Alder Hey doctors.
In a statement read before the High Court hearing Mrs Enright said the final straw came when they learned, in a letter from the hospital, that Amy's body part could have been exchanged for medical equipment.
She said: "The letter mentioned that the thymus may have been exchanged for hospital equipment with a pharmaceutical company or disposed of.
"But that there was no record on Amy's file as to what had actually happened in her particular case."
High Court judge, Mr Justice Morland, ruled in favour of Mr and Mrs Enright saying that -- while Amy was now a much-loved member of the family -- her upbringing had caused her parents psychological stress.
And ruled that Mrs Enright should have been offered the choice of terminating her pregnancy before Amy was born. He also admitted it was a possibility that Dr Kwun's Catholicism, may have affected his ability to discuss amniocentesis and abortion with pregnant women in their 30s and 40s.
The amount of damages to be awarded to the Enrights will be assessed at a later date, but initial estimates place the figure at around £500,000.
The trust is now believed to be preparing an appeal.
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