AB and others v Leeds Teaching Hospital NHS Trust

and another [2004] EWHC 644 (QB)

In 1999 it emerged that the defendant hospitals had removed and retained organs from deceased children without the knowledge of parents. The claimants, parents of the deceased children, claimed that they had not consented to the removal or retention of their children’s organs.

The claimants alleged the defendants had committed the tort of wrongful interference and breached a duty of care to them. The court held that in the circumstances the doctors only owed a duty of care to a mother, who had lost her baby at birth, based on the doctor-patient relationship between her and the doctor. It was held that in these circumstances the mother should have been told of the post mortem procedure.

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