Wrongful birth: £300,000 settlement after midwife fails to test for cystic fibrosis
At Paula's first ante-natal appointment, she indicated that her two cousins suffered from cystic fibrosis.
The midwife did not offer any advice in relation to the risks of cystic fibrosis in the pregnancy. Paula was not offered or advised to consider any pre-natal testing.
Her son Larry was born and was subsequently diagnosed as suffering from cystic fibrosis.
Larry had a 1 in 320 risk of developing cystic fibrosis and Paula should have been offered genetic counselling and the appropriate ante-natal screening test.
Had such tests been carried out it would have been established that the fetus did in fact suffer from cystic fibrosis and Mrs P would have elected to undergo a termination.
Paula instructed our medical negligence team to pursue a wrongful birth claim on a no win, no fee (also known as conditional fee) basis.
Proceedings were issued but liability was denied by the Health Authority and expert evidence was served from two obstetricians who concluded that the actions of the hospital were responsible for the failure to offer Paula genetic counselling during her pregnancy.
We entered into negotiations with the defendant hospital who agreed to pay the sum of £300,000 plus costs which will go towards Larry's cystic fibrosis treatment.
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For further information about wrongful birth claims and clinical negligence claims, please call Paul McNeil on 0330 460 6804 or email paul.mcneil@fieldfisher.com.
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