We helped Alison* and her partner claim compensation after the wrongful birth of their daughter. The NHS Trust responsible for Alison's pregnancy failed to detect their daughter’s Down Syndrome during antenatal scanning.
What happened to Alison?
In April 2018, Alison attended hospital for a baby scan. It was alleged that the sonographer at the scan failed to accurately measure the nuchal translucency (NT) at its widest point in accordance with the Foetal Anomaly Screening Programme handbook 2015.
In May 2018 and June 2018, Alison had her anomaly scans. Again, the medical professionals completing the scans failed to arrange an urgent consultant review to consider an increased risk of chromosomal abnormality.
The failures at these scans meant Alison and her partner weren’t advised their daughter might be born with Down’s Syndrome. This didn’t allow them time to discuss their options, including the termination of the pregnancy.
How did Irwin Mitchell help Alison?
Alison came to our medical negligence team to claim for the wrongful birth of their daughter. The claim was handled by Thomas Riis-Bristow, a senior associate solicitor in our London office.
Thomas instructed independent specialists to examine the care Alison received during pregnancy. The experts used included a:
- Feto-Maternal Medicine specialist to comment on breach of duty and causation
- Research Sonographer to comment on breach of duty
- Paediatrician to assess their daughter's condition and prognosis.
In January 2025, liability witness evidence was exchanged with the NHS Trust. A court date was set for March 2025. However, whilst the NHS Trust did not admit liability, we were able to successfully agree a liability percentage settlement with the Trust, who have agreed to pay 45% of all damages claimed because of the wrongful birth.
We are now assisting the family with valuing the claim, such that the case can reach final settlement for their daughter's long-term needs.
The liability settlement has brought the family comfort and peace of mind, as well as providing interim funds to support their child's ongoing care needs, whilst the case is ongoing.
Expert opinion
On Alison's claim, Thomas said: “Alison and her partner weren’t given the right information during pregnancy to make an informed decision about the birth of their daughter.
“With the right information, they would have had time to discuss their options and prepare for the birth of their child.
“No amount of money will make up for the failure to diagnose Down’s syndrome antenatally, but it will help the family move on and access the right long-term support and rehabilitation for their daughter.”
*Name changed to protect client.
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