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Feminism: Sex and gender discussions

Woman who inherited fatal disease sues NHS

116 replies

FrauleinF · 18/11/2019 10:27

www.bbc.co.uk/news/health-50425039

Upshot - woman is suing NHS as they didn't inform her about her father's Huntingdon's diagnosis. (an incurable inherited degenerative condition hitting in mid life characterised as being like Parkinson's, Alzheimer's and MND all rolled into one)

He had shot and killed her mother in 2007, and was convicted of manslaughter on diminished responsibility due to his mental health issues - which were confirmed as Huntingdon's shortly afterwards.

On finding this out, and in spite of the NHS providing family therapy for them both together, ostensibly for both of their benefit, his wish for the, at the time, pregnant daughter not to be informed as she might have "killed herself or had an abortion" was enough for her not to be told of his diagnosis. She found out by mistake shortly after the child was born, got tested, and it turns out she has it too - her daughter has a 50% chance of also having the disease.

I know patient confidentiality is a somewhat grey area in the UK, even if any diagnosed medical issues are potentially damaging to other individuals.

This strikes me as a somewhat feminist issue - although she was always going to develop the disease whether she had been told or not, she has potentially made her child into her carer. She also maintains she would have aborted the baby rather than have subjected her to this horrific disease.

Personally, I hope she wins her case. I am a carrier of Cystic Fibrosis and am lucky that my father told me about his late brother and advised me to get tested before having children, so am very sympathetic.

OP posts:
NotBadConsidering · 18/11/2019 11:14

There’s absolutely no way she should or can win.

Plenty of people with a family member with Huntington’s Disease don’t want to know. People don’t want to live their lives with that air of inevitability over them. Which is their right. So consider the reverse. The dad says “oh my daughter would definitely want to know”. How do doctors determine if she really would want to know? Just by asking her if she would want to know is disclosing the fact there is a genetic problem. What if she, or someone else in that scenario turns around and says “I wish you’d never told me, it’s ruined my life”. It would impact so many things: mood, depression, life insurance. Everyone has the right not to have a diagnosis, or 50% chance of a diagnosis thrust upon them and it certainly can’t be the responsibility of doctors to do that.

What the dad did and why he did it is a feminist issue, but this legal case is an almighty medical confidentiality issue and I do not think she should win.

Sakura7 · 18/11/2019 11:13

Of course someone who has a 50% chance of having a serious, life threatening disease, and a high chance of passing it down to her kids (not to mention the impact on the kids of watching their parent go downhill) should be told about it once it's known. I hope she wins.

A change of law to address specific situations of this type would not affect patient confidentiality in the vast majority of cases. But where serious harm can be done to another person as a result of upholding patient confidentiality, that person's right to proper medical treatment should trump the original party's right to confidentiality.

You have to consider who is at risk of greater harm here, the woman with a serious medical illness, or the father who wants to keep her in the dark so he can influence her choices.

SugarPlumFairyCakes · 18/11/2019 11:10

Huntington's Disease is a very complex illness and there is no 'usual' age of onset. Juvenile HD, although rare, is early onset of the illness. Many people have families without being aware they are at risk of the disease. Mental health difficulties can manifest years before any physical symptoms, or there could be no mental health symptons, no physical or both.
As someone with family HD, I am uneasy about this case and implications for confidentiality and the NHS going forward.
What I haven't seen reported is if the father even had mental capacity for the one off decision about telling his daughter, or if he was in denial himself. HD frequently causes perservance of thoughts - and he could of lacked any insight into how HD was affecting him.
No easy answer - HD scars everyone in affected families.

MilkTwoSugarsThanks · 18/11/2019 11:09

I can see where she's coming from, but I think it could be a slippery slope. I could see abusive controlling men using the case to demand information about their wife because it could affect their children. Worst case scenario but not that unlikely unfortunately.

StealthPolarBear · 18/11/2019 11:00

I'm on her side on this one.

GrumpyHoonMain · 18/11/2019 11:00

If she won the case then where would it stop? Would parents have to provide their genome to all of their children to cover all potentially inheritable conditions?

This case as tragic as it is is ridiculous and the lady is targeting the wrong party in the suit. She should be suing her father.

EvaHarknessRose · 18/11/2019 10:58

It is a hugely important thing to test ethically and legally as genetic testing becomes widespread - if you choose to have a genetic test and are fully informed and prepared, what about findings such as this that affect family members. Whose information is it.

IWorkAtTheCheescakeFactory · 18/11/2019 10:53

If she won this case would that mean the NHS would then have a legal obligation to inform a person that their spouse had a STD?

PotteringAlong · 18/11/2019 10:47

I hope she doesn’t win. You cannot just go around telling people about other people’s medical diagnosis. It will drive a truck through patient confidentiality.

IWorkAtTheCheescakeFactory · 18/11/2019 10:44

Of course a child has the right to know of an inherited disease.

Well as it stands, no, they don’t. This case may change that.

BillHadersNewWife · 18/11/2019 10:39

his wish for the, at the time, pregnant daughter not to be informed as she might have "killed herself or had an abortion" was enough for her not to be told of his diagnosis.

HIS wish.

Of course a child has the right to know of an inherited disease.

Spam88 · 18/11/2019 10:38

Obviously a very sad case, but honestly if they find in her favour I'd be worried about what that might mean for the future of confidentiality - seems a very slippery slope.

Chocmallows · 18/11/2019 10:38

I was expecting to disagree as think we have an increasing culture of unfairly suing the NHS, but in this case hope she wins.

IWorkAtTheCheescakeFactory · 18/11/2019 10:37

Btw I am very angry on this woman’s behalf that her father deliberately kept this information from her but I still don’t think the NHS should have told her.

IWorkAtTheCheescakeFactory · 18/11/2019 10:36

Sorry, I’m maybe being very stupid here but my understanding is the NHS cannot disclose someone’s medical information to another person without their consent. I don’t understand how she can be suing them for this.

ajandjjmum · 18/11/2019 10:34

Terribly sad case - and throws up several important questions on whose feelings take priority.