title: A child's potential claim for negligent misdiagnosis: The case of H v Fetal Assessment Centre.
abstract: South African law recognises a financial claim against a health provider for negligently failing to advise an expectant mother that she might give birth to a child suffering from a severe health condition or congenital disability. In December 2014, the Constitutional Court handed down a judgment that could lead to financial claims by the child, who was subsequently born with a severe health condition or disability. This judgment thus creates a framework to legally recognise a claim by a child whose current health condition was negligently misdiagnosed before birth. The contents and effects of the judgment are discussed in this article.
authors.affiliation: Oliver Schreiner School of Law, University of the Witwatersrand, Johannesburg, South Africa. prinslean.mahery@wits.ac.za.
authors.forename: Prinslean
authors.initials: P
authors.lastname: Mahery
mesh_terms: D002648:Child; D035881:Compensation and Redress / Q000331:legislation & jurisprudence*; D003951:Diagnostic Errors; D004314:Down Syndrome / Q000175:diagnosis*; D005260:Female; D006801:Humans; D008318:Malpractice; D011247:Pregnancy; D011296:Prenatal Diagnosis; D013019:South Africa