Wrongful birth claim following failure to interpret anti-natal scans | Fieldfisher
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Case Study

Wrongful birth claim following failure to interpret anti-natal scans

Jonathan Zimmern successfully negotiated settlement on behalf of the parents of a young boy with Down's Syndrome and the serious heart defect Atrio-Ventricular Septal Defect (AVSD). They brought the claim after the hospital failed to correctly interpret the mother's very concerning antenatal scans.

Both parents were shocked and incredibly upset when they found out about their son's injuries, which should have been recognised prior to his birth. The claim against the hospital Trust was that had they known that their son would develop such severe disabilities, they would have made the difficult decision to terminate the pregnancy.

Since birth, the boy has required numerous operations and has spent a significant time in hospital.  He is fed via a tube and requires around the clock care. Both his parents have been obliged to give up or reduce their full-time careers to care for their son.

Their son is now five years-old and loved dearly by his parents. While he still has complex needs, his parents describe him as, 'a little boy who makes the world around him a better place. He is courageous, determined, cheeky, generous with his love, incredibly social and above all joyfully happy.'

Jonathan and his team were able to negotiate a multi-million pound settlement to ensure that the boy will have the care, therapy and treatment he needs for the rest of his life.

Following settlement, the family said:

'It’s been a pleasure to engage the services of Jonathan and his team to deal with our birth injury claim. Their professionalism, unflinching support, their thoughtfulness, meticulous attention to every detail and their wealth of knowledge were instrumental to settling our case successfully.

'The expertise of Jonathan and his team is rated 'five stars' based on our experience and my family and I will not hesitate to recommend this wonderful team any day to the relevant family. Thank you.'

Contact us

For further information about wrongful birth claims, please call Jonathan Zimmern on 0330 460 6779 or email jonathan.zimmern@fieldfisher.com.


All enquiries are completely free of charge and we will investigate all funding options for you including no win, no fee. Find out more about no win no fee claims