A mother is suing a health board for £100,000 after claiming it failed to alert her that her pregnancy could result in a child suffering from a serious genetic disease.

A mother is suing a health board for £100,000 after claiming it failed to alert her that her pregnancy could result in a child suffering from a serious genetic disease.

Julie Shanks, 41, gave birth to her son, Jordan McKinlay, now 14, with cystic fibrosis although she was told that a test for the condition had proved negative.

She is seeking damages from Lothian Health Board in an action at the Court of Session in Edinburgh, claiming that she suffered negligence in her ante-natal care.

A judge rejected a move by the health authority to have the case against it dismissed at a procedural hearing and allowed it to go ahead to a hearing of evidence.

The health board argued it was not responsible for the scientists who carried out the screening test, which was part of a research study by Edinburgh University.

Ms Shanks, identified as "JS" in a judgment issued yesterday, attended the Eastern General Hospital in Edinburgh in 1994 after becoming pregnant with Jordan, and was subsequently sent a leaflet on testing for cystic fibrosis.

Lady Stacey said: "The matter is plainly very important as it is noted in the leaflet that a positive test may, after further testing, result in the patient being offered a termination."

"It would, in my opinion, be open to the patient to think that the hospital, in offering a test, was offering to analyse any samples given."

The judge said it was apparent that other expectant mothers in Edinburgh were offered the same test and did have the analysis carried out by an employee of the health authority.

Lady Stacey said she took the view that a hearing of evidence was necessary to decide on any scope of duty owed by the authority to the mother.

She provided a sample that was sent to the city's Western General Hospital for testing and was told it had proved negative.

However, she claims that it showed the appearance of a faint positive result.