Wrongful Birth

Lisa Whitworth, specialist medical negligence solicitor at Minton Morrill, successfully resolved a wrongful birth claim for a sum in excess of £90,000 in compensation.

Background: 

Mrs M, a married mother of two young children, discovered she was pregnant with her third child in the second trimester. Due to Mrs M suffering from a serious and progressive health condition she was very concerned that she would be unable to look after a new-born and raised the possibility of a termination with medical staff. 

Mrs M was told by her treating clinicians that a termination was not possible because she was carrying a healthy baby.  Despite this reassurance, an amniocentesis (a test offered during pregnancy to check if the baby has a genetic or chromosomal condition) was not offered to Mrs M or performed before she gave birth.

Mrs M’s third child showed signs of suffering from Downs Syndrome at birth and subsequent tests confirmed this condition. A congenital heart defect was also identified which is common in babies suffering from Downs Syndrome. 

Mrs M’s third child died sadly within a few months of birth causing a huge amount of grief and distress for Mrs M and her family. 

Medical Negligence Investigation: 

Lisa Whitworth, clinical negligence lawyer, wrote to the NHS Hospital Trust responsible for Mrs M’s antenatal care, asking them to formally admit liability for failing to provide an amniocentesis during Mrs M’s third pregnancy. This test, had it been performed, would have identified Downs Syndrome and allowed Mrs M to undergo the termination she had requested, initially due to concerns over her own physical health.

The Hospital Trust concerned admitted liability for failing to provide an amniocentesis and accepted that if an amniocentesis had been performed then Downs Syndrome would have been diagnosed.

Our investigation then focused on assessing how much compensation Mrs M should receive. Mrs M was deeply affected by the loss of her third child and needed to take time off work and seek bereavement counselling.  In addition, Mrs M had gone through a third pregnancy and labour and had lost the right to limit the size of her family. 

Following the conclusion of our investigations into the level of compensation payable, negotiations took place with the NHS Trust and the case finally resolved for a sum in excess of £90,000.  

This was a tragic and extremely sensitive case.  Lisa Whitworth worked closely with Mrs M and her family for over 18 months to help them get the answers they needed. 

Client Feedback:

“Lisa Whitworth was personable, caring and empathetic to my case and my child’s case”

How We Can Help You

Lisa Whitworth and the medical negligence lawyers at Minton Morrill only practice medical negligence law and have renowned expertise in Birth Injury cases. 

More information about Birth Injury can be assessed by clicking here and information about our team of expert lawyers and medical negligence found here.