Pregnancy Screening Compensation Claims Solicitors.

Modern technology now means that doctors can screen for a variety of potential health problems and genetic abnormalities during pregnancy. Blood tests, ultrasound scans, and procedures like amniocentesis can be used to detect a range of conditions including sickle cell, thalassaemia, Down’s Syndrome, Edwards’ syndrome and Patau’s Syndrome.

If a genetic anomaly is discovered during routine pregnancy screening and it is deemed highly likely that the baby may be born with severe disabilities, parents are given the option to terminate the pregnancy if they wish. Some parents may choose to go ahead with the pregnancy either way, whilst others may choose to terminate the pregnancy as they may not be emotionally, financially or physically able to provide the level of care that a disabled child requires.

Ultrasound scans, also known as sonograms, have been used routinely in pregnancy since the 1970s in the UK, and they are beneficial in many ways, including:

• To confirm the pregnancy
• To check the heartbeat of the fetus
• To determine fetal age and estimated due date
• To detect multiple pregnancies i.e. twins or triplets
• To examine the womb and placenta
• To monitor fetal growth, movement, and muscle tone
• To identify the position of the baby prior to delivery
• To identify potential health conditions and birth defects
• To diagnose pregnancy-related complications
• To identify any potential birth injury risk factors

All pregnant women will be invited to have an ultrasound scan at 12 weeks gestation to check the baby’s growth and estimate the due date, followed by another scan at 20 weeks to check the baby’s physical anatomy and ensure it is growing as expected. It is at the 20 week scan where genetic abnormalities and extra chromosomes are also checked for, and the parents can find out the sex of their baby if they choose to do so.

During the anomaly screening at 20 weeks gestation, the sonographer will carry out a detailed examination of the baby’s brain, heart, face, abdomen, kidneys, spinal cord, and bones, as well as looking for signs of 11 different rare conditions, including:

• Open spina bifida
• Diaphragmatic hernia
• Patau’s syndrome
• Edwards’ syndrome
• Anencephaly
• Gastroschisis
• Exomphalos
• Cleft lip
• Lethal skeletal dysplasia
• Serious cardiac abnormalities
• Bilateral renal agenesis

A child born with a genetic condition such as those listed above will typically require a great deal of care during their early years, and potentially throughout their lives, which can be mentally, physically, and financially challenging for many parents. If the condition should have been detected during the ultrasound but was missed completely or not communicated by the sonographer, and the parents would have terminated the pregnancy had they known about the condition before birth, this is known as a wrongful birth and is a valid basis on which to claim compensation.

If a sonographer is negligent during a scan, or if a blood test is not ordered when it should be, it can result in severe and devastating consequences for both mother and baby, for example:

• If a genetic condition is missed or misdiagnosed at the 20 weeks scan the baby may be born severely disabled or with a short life expectancy.
• If the baby is in a breech or transverse position and should be delivered by caesarean section but the doctor or midwife fails to identify this, it can result in serious injuries to the baby such brachial plexus injuries.
• If the mother’s medical history is not considered and the appropriate tests are not carried out, it could lead to serious issues. For example, if the mother is at risk of gestational diabetes but is not screened for it, then goes on to develop it without the correct treatment and management, it can pose problems for the baby, including the risk of stillbirth.
• If pregnancy screening fails to detect a maternal issue, for example a particularly small womb or a baby measuring too large for safe vaginal delivery, it could lead to a brachial plexus injury which can cause Erb’s Palsy.
• If the mother is not offered screening for Down’s Syndrome, Edwards’ syndrome and Patau’s Syndrome (which is an optional combined test) and the baby is then born with one of these conditions this could be considered wrongful birth.

This is not an exhaustive list, and there are many other things that could potentially go wrong if the doctor, midwife, or sonographer responsible for your care are negligent in performing routine pregnancy screening tests. If your baby has been born with a genetic condition which you were unaware of, and you would have made the decision to terminate the pregnancy if you’d had the choice, or if your baby sustained an injury at birth which could have been avoided with proper antenatal screening, you may be able to claim compensation. Contact our friendly and professional team at Lanyon Bowdler who will be more than happy to answer any questions you may have.