Down Syndrome – What a Legal Case Can Achieve
Posted on in Medical Negligence
The facts
- Down Syndrome is a naturally occurring genetic condition
- People with Down Syndrome are born with an extra chromosome
- The most common type of Down Syndrome is Trisomy 21
- Down Syndrome is not a sickness
- People with Down Syndrome can live similar lives to family and friends
- People with Down Syndrome are all individuals.
- Down Syndrome can be detected during pregnancy, and parents have the right to make an informed decision, and for their decision to be respected and supported
The Legal scenario
The basis of a legal case surrounding a person born with Down Syndrome concerns the information that was provided during the pregnancy and what decisions would have been made had the correct information been provided. There are occasions where, despite there being indicators that the child would be born with Down Syndrome, this was either not picked up or relayed to the parents.
It is certainly not a scenario without emotion. Every parent that I have met is completely conflicted. There is no questioning the love they have for their child, but ultimately, the conversations surround their right to have the correct information during pregnancy, which would have enabled them to make an informed decision on a matter that could potentially have huge implications for them as a family. Although every child with Down Syndrome is unique and their needs can vary, there is no denying that in some cases their needs are complex and they require a huge amount of support. A successful legal claim can provide the family with funds to secure the support and equipment needed, enabling adequate care to be provided for their child.
Recent case
Michelle Beckett and Hannah Grinsted have recently achieved a liability settlement in a wrongful birth claim on behalf of their clients, whose baby was born with Down Syndrome.
Due to her age, the baby’s mother was worried about the risk of Down Syndrome prior to conceiving, and despite a recognised anomaly being present on the 20-week scan, this was not picked up by those treating her. As a result of the inadequate care, the clients were not given the option for further testing, which would have revealed that the baby would be born with Down Syndrome. Consequently, the baby’s mother and her partner were denied the information that would have enabled them to make an informed decision on the extremely personal matter of continuing the pregnancy. The baby was born and subsequently diagnosed with Down Syndrome and has extensive needs.
Comment
“Nobody can doubt the love that my clients have for their child, and some of the discussions that they have had to have have been heartbreaking for them. It is really disappointing that they were not provided with adequate information during the pregnancy and denied the opportunity to make an informed decision. The impact that the diagnosis has had on them as a family is clear to see both psychologically and in the extent of their child’s needs. It is hoped that the liability compromise will enable the family to focus on the future and have the certainty of funds, which will enable them to bring up their child and ensure that their needs are met.
This case demonstrates the importance of providing expectant mothers with adequate information during pregnancy, to enable them to make an informed and personal decision that is right for their family.”
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