Our clients brought a wrongful birth claim after they were told about the hospital’s failure to perform an antenatal screening test properly and to advise them of the correct risk result for Down’s Syndrome. Following the birth of their baby they were told that the nuchal translucency had been incorrectly measured during the first antenatal scan and, had the correct measurement been made, they would have been advised that there was a high risk that they would have a child with Down’s Syndrome, which would have led them to have further advice and diagnostic testing.
The diagnosis was made soon after the birth and baby required operations in the first few weeks of their life. Baby was later found to have global developmental delay with gross motor, fine motor and social skills as well as difficulties in speech and hearing. Baby also has significant behavioural issues resulting from cognitive delay and reduced hearing and vision, as well as significant sensory integration problems.
Although it was admitted that the nuchal translucency was incorrectly measured and that this fell below an acceptable standard of care, it was initially denied that the parents would have accepted diagnostic testing and undergone termination of pregnancy. This denial appears to have been based on an inference drawn from our client saying she would not change her baby for the world. She had been called to a meeting with senior clinicians, alone, to discuss events surrounding her pregnancy and had no idea what the meeting was about, or that there had been an error.
However, a year after service of proceedings the Defendant advised that liability was no longer defended and Judgment was entered for the Claimants.
Experts were instructed in order to quantify the claim and a detailed Schedule of Loss was served, based on the evidence of 10 experts. There were significant issues between the parties, including whether the claim should continue after the child reached the age of 18 and whether the usual requirement based on statute to “disregard” the availability of NHS care applied.
A multimillion pound settlement was reached following a Round Table Meeting. Future losses included future care, accommodation, aids and equipment, therapy, transport and holidays.
Angus McCullough KC and Rajkiran Barhey were Counsel instructed in the Claim.
I am so pleased that we have been able to reach settlement in this case. The damages recovered will allow my clients to have security in the knowledge that they can provide for their child, who will require care for the rest of their life due to significant, complex, needs.
Mala Sidebottom
It has been a pleasure to engage the services of both Mala and her team at Moore Barlow and Angus McCullough KC at 1 Crown Office Row, in this stressful time. Their professionalism and meticulous attention to detail were instrumental to settling our case. We can now move forward knowing our child’s needs will be fully taken care of. A very big thank you to you all.
Moore Barlow Client
How Moore Barlow can help
We have a proven track record of successful medical negligence claims and achieving the maximum possible amount of compensation for our clients. You can be assured of receiving expert representation from our medical negligence lawyers who are considered leaders in the field of medical negligence law.
If you would like to find out more or discuss your claim, please contact our Medical Negligence team.
