Every couple desires for a healthy baby but in some cases complications can arise during either pregnancy or delivery, resulting in temporary or permanent injury to the baby.

Complications during pregnancy refer to physiological and genetic abnormalities, which can sometimes be life threatening. There is high possibility of birth defects in the limbs, heart and spinal cord. The most common kinds of defects are those affecting the limbs. A defective limb could mean a missing or extra finger or toe and abnormalities such as clubfeet. The next most prevalent category of defect is heart abnormalities. Common heart defects include ‘hole in the heart’. There is also high occurrence of defects affecting the spinal cord, such a spina bifida.

Others defects commonly observed include those affecting the face such as cleft lip and palate. The most common genetic defect is the Downs syndrome, which is related to chromosomal abnormality.

Today, progression in medical technology has offered respite to expecting parents. Refined ultrasound scanning has made it convenient to detect a defect prior to the delivery. However, the accuracy of this technique depends on the competence of the sonographer. If performed with proficiency, the ultrasound can correctly detect about 50 percent of abnormalities before birth. Blood tests are also helpful in detecting certain abnormalities.

Unfortunately, there are reported cases of medical negligence, wherein a birth defect goes undetected leading to the arrival of an abnormal child. Reasons of negligence could be plenty ranging from an inadequate ultrasound scan, inaccuracy of the operator, inexperience or incompetence of the physician to the misreading of blood tests. All these categories fall under ultrasound negligence cases and can have legal implications.

Cases of ultrasound negligence can be legally pursued after consulting a solicitor. The case rests on the basis that had the parents been made aware of the defect during antenatal conditions, they would have had the option of terminating the pregnancy and would not have suffered the birth of a child with a physical or mental disability. These cases are designated as ‘wrongful birth’ cases. The success in such cases involves furnishing evidence that the relevant birth defect could have been diagnosed by proper testing whilst the baby was in the uterus, thereby giving the parents an alternative to consider the termination of pregnancy.  

The compensation in these cases includes the extra costs of bringing up a child with a significant disability, which can include behavioral disabilities as well as physical disabilities.  The aim of the compensation is to provide financial aid for the disabled person and the family as most children with birth defects require professional care, occupational therapy, physiotherapy and other therapies to treat them.

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