We at Martyn Prowel Gartsides Solicitors are proud to have recently secured a successful outcome in a complex and emotionally challenging clinical negligence case for wrongful birth. Our client, ‘Ms Z’, was awarded £1.95million after a long legal battle that highlighted significant failures in prenatal care and patient communication by the local health board.
What is a Wrongful Birth Claim?
Wrongful birth is a category of medical negligence law, and cases of this kind typically arise when medical professionals fail to detect or disclose serious fetal abnormalities during pregnancy, depriving parents of the opportunity to make fully informed decisions, including the choice to terminate the pregnancy.
Case summary
In this case, Ms Z over two decades ago, presented at her local hospital on various occasions for routine ultrasounds during her pregnancy. Despite presenting several risk factors, the medical professionals responsible for Ms Z’s care failed to detect any fetal abnormalities during the ultrasounds and Ms Z’s child, ‘Y’, was later born with several limb deformities including missing digits on their hands and a missing lower limb.
Had the abnormalities been identified at the ultrasound and the appropriate tests or referrals been made thereafter, Ms Z would have been counselled as to her options, which would have included the termination of pregnancy. Instead, Ms Z only discovered the diagnosis after birth, a devastating moment that could have been prevented through competent medical care.
The impact
Y was born with a rare multiple congenital anomalies syndrome which has had, and continues to have, significant implications for both their quality of life as well as the long-term emotional and financial demands on the family, especially as Ms Z has had to give up her independence to provide the full-time care required of her disabled child.
Consequently, Ms Z bravely pursued justice, not only to obtain the support needed for her child’s care but also to hold the medical professionals accountable for their failures.
We, thereafter, pursued a claim for clinical negligence against the health board on their behalf on the basis that 1. they had breached their duty in failing to identify the anomalies and refer the client for further testing, 2. that this breach directly resulted in the child being born with a condition that the parents would have chosen to avoid had they been properly informed, and 3. that substantial damages were warranted due to the additional care needs and emotional trauma suffered as a result.
Upon instructing us we assessed the case, instructed a reputable Barrister with expertise in this area of law to assist us in pursuing the claim, obtained our clients’ medical records and gathered the relevant evidence to support their case. We also instructed independent medical experts to provide a report evidencing the fact that a reasonable and competent radiographer should have identified and reported the abnormalities during such ultrasound.
Whilst the defendants agreed that the medical team’s conduct fell below the accepted standard of care and therefore admitted they had been in breach of their duty, in terms of causation, proceedings were stayed for an extended period to allow Y to reach adulthood and for the long-term effects of the injuries to be fully an accurately assessed. Upon Y turning 18, we re-instructed our causation experts, including an accommodation and care expert, to identify the adaptations required to our client’s home as well as the level of care required for the remainder of Y’s life.
After a long and complex negotiation process, we were thrilled to secure a £1.95million settlement for our client, compensating them not only for the harm suffered but also for the support required in moving forward.
To end
Accountability matters. For those who’ve suffered due to medical negligence, speaking up can feel overwhelming, but it’s a crucial step towards healing and change. Every successful claim sends a message: that patient safety must come first, and we trust that professionals will learn and grow from these mistakes.
If you or a loved one has been affected, you are not alone. Support is available, and we encourage you to call our offices on 02920 470909 to speak with a medical negligence specialist.