Have I got threshold for a successful negligence claim?

[shejokes11]

Eight years ago I was 5 months pregnant when I first learned of my pregnancy. At my initial scans, I was informed that my baby might have short legs (suspected dwarfism) or Down syndrome.
• Despite concerns about the low amniotic fluid and developmental anomalies, I was not offered genetic testing or counselling beyond the amniocentesis. I chose to decline this due to its associated risks (infection, miscarriage). Instead, I was advised that the fluid levels could fluctuate, and the condition might improve over time.
• I was not given the full range of testing options (such as non-invasive testing) that could have provided clearer answers earlier on. If I had known the extent of the conditions my child might face, I could have made a more informed decision regarding my pregnancy.
2. Failure to Identify and Address the Full Range of Health Issues
• The hospital’s failure to diagnose Peter’s Anomaly, PKD1, and other associated conditions early has led to delayed treatment and worsened outcomes.
• My child’s conditions were not fully understood or communicated during pregnancy, which resulted in missed opportunities for intervention and proper preparation for the challenges my child would face.
My child is still being diagnosed with other conditions as he grows and is missing genes and has a few other genes which are doubled. I am in utter disbelief that he is already blind but is now being diagnosed with several other conditions such as kidney disease. If I had been told from the beginning I would have chose to terminate due to unfairly putting him in this predicament of pain and suffering. He is expected to lose his vision in all totality and he already has cysts appearing all over his kidneys.he is still undergoing many tests and more issues may suffice. I am raising a negligence claim however due to the lack of successful claims I am thinking twice does anyone think I have a claim or not.

Maybe, but the fact is, you ve been to several solicitors, and none of them have taken it on.

I'm sorry I don't believe that it's the way you explain it that is the reason they won't help. Because youve explained it quite well here. There's nothing not to understand.

Because you knew the limitation based on the date of knowledge point. So you must have discussed time periods with the solicitor otherwise, you could not have known that.

Honestly, do a Google search tomorrow for clinical negligence solicitors in London and draft an email based on some of the posts you've written here. It's clear enough. Local, my website to see if they have new enquiries emails.

I will definitely try again all of them have tried to make the claim about my child never about me so I may just ask and see what happens. Don’t want to waste anyone’s time tho :)

Hi OP I am so sorry that you are going through this. I can only speak about a small part of it and that is genetic testing. NIPD was only emerging onto the scene about 8 years ago and all it would have tested for was down syndrome, Edward syndrome and Patau syndrome. None of which your child has. It wouldn't have got you any further information. Your best method and still remains to this day was through the amnio (which lots of people refuse in your situation). Lots of people pregnancies turn out OK and they never think of their decision again, others sadly like you suffer heart ache of watching your child suffer and are left with what if questions. You made your best choice with the information you had at the time and the understanding you had. Depending on underlying genetic causes there may be, amnio may well have been fine as well and therefore you would still sadly be in today's shoes. Have you got any support for yourself. It's an awful lot to be going through. Have you come across SWAN (syndrome without a name). Maybe worth looking at them if your son's diagnosis is thought to be genetic. Against I'm soo sorry you are going through this and at such a young age with no real support around you. This is no-one's fault but you do have every right to be angry at the world for dealing your darling son such a shit hand. Unfortunately I don't think a legal case would get anywhere.

Thankyou for your advice, I have taken well to it over time. I can only forgive myself for not taking the testing and hopefully my child would understand the predicament I was in. I will defo have a look at all these groups mentioned and I am fine with no claim for negligence I just want answers about this condition now and thought that will be a way to speed it up and raise awareness as he’s conditions is very rare. Xx

I'm so sorry you are having to grapple with this.

Remember that the amniocentesis test might not have picked this up anyway. Especially since it's a rare disorder. Please forgive yourself on that one.

I had loads of testing as a 'geriatric pregnancy' (I was almost 42) and some mildly dodgy ultrasound findings- and I still had a son with Neurofibromatosis type 1. Your case seems different though.

I'm in Australia, so the laws will differ. I can tell you that my cousin was born with a disastrous genetic malformation on chromosome 12. It was known in the family, so her parents asked for specific screening early in the pregnancy. They were told this was done and the foetus didn't have it, but she was born with the condition. They sued and they won. Although she was 8 years old by the time the legal side was settled.

As others have said, you need to call every solicitor/legal group you can find- to see if you have a case or not. If not, at least you can know you tried and can put this aside.

I wish you all the best X

You have had an awful time, with both family background and the birth of your little boy. I can’t imagine how stressful it has been. My DS was born early after a complex pregnancy and some mishandling and assumptions around his birth meant he wasn’t monitored sufficiently and we almost lost him.

Fortunately once the problem was diagnosed they pulled the stops out and after 10days we were able to leave hospital.

In my case we did have grounds to sue but being an HCP I knew that the process would be long and drawn out and probably not worth the effort. It also distracts from just getting on with being a mum. My only concern was that since it was a known risk in prem babies, particularly boys, that it would prompt them to change their policy re checking certain parameters in the 48hrs post delivery. When my nephew was born 12 mnths later it was apparent they had made the necessary changes. He too was born slightly prem and suffered the same complication. But because he was monitored closely he was diagnosed earlier and treatment was prompt.

In your case I would agree with other posters. His condition is very rare and difficult to diagnose. Therefore the likelihood that you would have had a diagnosis anti-natally is very slim. Also hindsight is a wonderful thing, currently you have eight years of experience of living with his disabilities, when you were pregnant you may have struggled to understand the potential problems you are now experiencing and it would be very difficult to be certain that you would have aborted the pregnancy on a possible genetic condition.

This doesn’t mean that what you have been through is fair, it’s just not necessarily negligence. Particularly since you declined amniocentesis. They wouldn’t have been able to force you, most 16 yr olds would most likely refuse, not because 16 yr olds wouldn’t understand the need for the procedure but just because they are 16 and most are not keen on scary procedures that may unnecessarily put the pregnancy at risk.

Finally it’s a long drawn out process and could take 5+ yrs to reach even an interim settlement. With so little known about your son’s future and his needs it could be years before a full settlement happens. And even then you may fail. The big settlements are paid out for problems that occur as a result of failures during delivery or afterwards when conditions are undiagnosed and damage could have been avoided if symptoms were not ignored. My DS was hours from developing kernicterus, brain damage from jaundice. Fortunately a student midwife spotted that he was slipping into a coma and suffering mild seizures. All hell broke out and 6 midwives arrived in my room and he was whisked away to NICU. It could have been avoided if they hadn’t assumed he was ok because of his birth weight. He was a big baby (long) and as a result was over 7lbs although born at 36wks. He was a classic example of “never assume “ and his glucose levels should have been monitored from birth.

Yeah I agree with this. You chose not to have the testing so you can’t now sue them for not knowing what was wrong with your baby. You chose it. You deal with the consequences

Also this is called ‘informed consent’ you were told that they advised an amniocentesis, to rule out x y z. You as the patient decided that you didn’t want to go through that, so now you want to sue the nhs for not telling you that your baby had x syndrome for however long. Well that was your decision. You chose to not have the testing so no, you have no case to sue the NHS.

you can do it if you want to if you find a no win no fee solicitor willing to take your case on (maybe you should lie and tell them you were offered no testing) but you won’t win.

to answer your question no you have no case.

I currently have a medical negligence case myself, I was past the 3 year limitation period too. The case has so far been accepted by both solicitors and is on going. Write everything down and send it to a solicitor. One that specialises in these cases. I'm so sorry for you and your son 😔

thankyoy For your sympathy and I hope your case is succesful mum ! X can you briefly explain your situation it would be lovely to hear as mine is so difficult and rare xx

I’m not an expert but I do know that Medical negligence cases are extremely difficult to prove.

Even in a case of a wrong kidney being taken out, the surgeon could say another surgeon would have made the same error. Doctors don’t usually go against each other, so it’s difficult to get another doctor to agree with you 100% against another doctor, so even in a clear cut case is difficult to win, if that makes sense.

people make mistakes in all professions and allowances are made for that so medical negligence cases are extremely hard to prove.

I'm so sorry for everything you have been through. Talk to a solicitor who is experienced in this area. They will know immediately.

Thankyou so much this actually gives me hope, I feel you should also pursue a case as you have threshold. I wish you luck and success xx

Thankyou for your advice mum, I wish you the best with your child and situation and I thankyou for sympathizing with my situation. Your definitely right it’s very difficult to diagnose and I have been blaming myself for the past 8 years when I recieved the results recently I started to question that and that’s why I’m here now xx

Glad you actually mentioned this! The genetic doctors have been on the hospitals side consistently and have said the same as the users above

It’s not your claim. The claimant will be your child as he is the victim of any negligence. There may be a ‘side’ claim for your emotional distress and for the past care you have given him but the bulk will be about the damage that he lives with. The three year limitation will start from his 18th birthday but obviously it’s best to investigate whether there is any claim as early as possible.
What I would be doing now is writing a chronological account of what happened from the date you tested positive. Make it like a list of dates and what happened, what you were told and by whom. Gather together as many papers/letters etc as you can. This in itself can take weeks.
Then ring one of the big London firms with departments specialising in these claims - Leigh Day or Irwin Mitchell are two possibles. They will arrange a call with a solicitor trained to decide whether there is any case or not. Those calls can take a very long time so be prepared for a couple of hours on the phone as you go through every detail.
Bear in mind that even if there is a case to answer, it’s likely to take years to conclude. Your side will need expert witnesses, their side will need expert witnesses nd it’s quite a drawn out process.
So in the meantime, make sure you are getting all the benefits you’re entitled to, keep pushing the NHS locally for what your son needs, and search out some support for both you and him socially and emotionally. You are going to have to become the queen of multitasking, but look at how far you’ve come from the scared 16-yr old you were!

Thankyou for your advice, I have definitely aged well as I had no choice to sums up being a young mum. I appreciate what you say and will defo do this x

We don’t have all the info here but it may not be quite so black and white. For each potential claim the time would start when the claimant discovers the injury. (Because how can you claim something that you didn’t know existed?) It sounds like the OP is still learning the extent of her son’s conditions so it may not be black and white. For other reasons it doesn’t sound like the OP will be able to establish a cause of action so it’s a moot point anyway. Like a cow’s opinion.

I wouldn't dream of pursuing a legal case for my experience- there was no negligence involved. Not everything can be predicted via pre-birth testing. My son's condition was only diagnosed fully at age 4.

Until we get to the point where all pregnancies start with genetic testing of embryos, which does happen if there is something known in the family, we need to accept that sometimes you get what you get.

However your situation is different from mine. If you genuinely believe your Care Providers were negligent- that is, 1) they owed you a duty of care, 2) it was breached and 3) damage was done then you need to seek a solicitor.

My son's condition was a random mutation. His Dad & I were both tested & neither of us carry the same gene malfunction.

Love to you X

I just want answers about this condition now and thought that will be a way to speed it up and raise awareness as he’s conditions is very rare

There seem to be two separate and distinct issues here that are being conflated. One is to do with negligence and a claim, the second is to do with understanding your son’s condition.

Speaking to the second aspect, this appears to have been done from what you have written. There are genetic aberrations located and at least one named syndrome. Those ARE your answers. The reality with rare genetic conditions is we don’t necessarily know what will result. Sometimes there are a cluster of symptoms that can be put together under the name of a syndrome, sometimes not, and more often a hybrid where it doesn’t fit neatly in or out of a box, and the situation may evolve with age so not necessarily predicable. That’s often as good as it gets with ‘understanding a condition’ in these circumstances. There is rarely a crystal ball unfortunately. A negligence claim, whether it has merit or not, won’t change that whatsoever. What is important is symptomatic management and support with the evolution of resulting conditions in a person which sounds exactly like what would be happening with your child’s care team?

I'm so sorry for what you are going through. I've been involved in these kind of cases (very peripherally) and I agree that you need to speak to a really good clinical negligence solicitor about a wrongful birth claim. A good start would be to write out a time line of all the key events which you can send to them. Try these solicitors: L500 | Clinical negligence: claimant in London | Law firm and lawyer rankings from Legal 500 United Kingdom - Solicitors guide | Firms