We recently settled a claim on behalf of a client who, due to a negligent failure to offer antenatal screening in what should have been recognised as a high-risk pregnancy, delivered a child who is severely disabled due to Down’s Syndrome.
Following service of a Letter of Claim, it was conceded within the Letter of Response that screening could and should have been offered and that, had it been offered, it would have been accepted and would probably have shown a significant risk that the child would have a genetic abnormality. It was further conceded that amniocentesis would then have been offered and accepted and that this would have confirmed the diagnosis, following which (it was accepted) the client would have been offered, and agreed to, a termination of the pregnancy.
The client’s child is, unfortunately, physically disabled (although mobile) and has significant behavioural and learning difficulties. The child is not going to be able to live independently or manage his own affairs and will need care and assistance with most daily living activities for life.
‘Wrongful birth’ cases are never easy for the family involved and this was a particularly moving case due to concerns regarding the client’s own health, and medical history. We did our utmost to guide the client through what was an emotional and difficult process, and we succeeded in obtaining compensation in the sum of £6 million through negotiation, so the client was able to avoid also having to go through a formal Court procedure.
To learn more about making a medical negligence claim, you can start your claim through our online portal or by calling us on 0333 043 1253.
