European Court of Human Rights
24 June 2014
Facts
During the applicant’s, Ms. A.K., pregnancy, her doctor had failed to prescribe her a particular test which would allow to determine that her baby has Down's syndrome. She initiated civil proceedings against the doctor and hospital for receiving compensation, but all her claims were dismissed as the doctor alleged that the prescription had been made, but Ms. A.K herself had not attended the test. The institution evaluating the quality of the healthcare (MADEKKI) fined the doctor because of her failure to ensure that Ms. A.K undergoes the test.
Complaint
Ms. AK complained that, owing to the negligence of her doctor she was denied adequate and timely medical care which would have indicated the risk of her foetus having a genetic disorder and which would have allowed her to choose whether to continue the pregnancy. That has violated her right to private life protected under Article 8 of the Convention.