Legal News
Down’s Syndrome screening and possible risks (13 February 2017)
Date: 13/02/2017
At the moment in the UK women are offered a ‘combined test’ which includes an ultrasound and a blood test to assess the risk of their baby having Down’s Syndrome.
If the mother is too far along in her pregnancy, after 14 weeks + 1, a later screening test can be offered up to 20 weeks. This test consists of a maternal blood test only. This test is called Non- invasive prenatal testing (NIPT).
For some women screening results will identify that the baby is in the high risk category of developing Down ’s Syndrome. This then leads to the extremely difficult decision of whether to have a diagnostic test to give a more definite answer.
There are two types of diagnostic tests available, both of which carry a risk of miscarriage. Approximately 1 in every 100 women who have a diagnostic test will have a miscarriage as a result.
The most common diagnostic test available is amniocentesis. This is where a fine needle is inserted through the Mother’s skin in to her womb and a small amount of amniotic fluid (the fluid that surrounds the baby) is removed for testing.
What are the potential benefits of NIPT?
For many years the goal of researchers has been to develop a diagnostic prenatal test for Down's syndrome that does not involve an invasive procedure with an accompanying risk of miscarriage. The most recent breakthroughs have involved analysing cell-free maternal and fetal DNA in the mother's blood. This has come to be known as 'non-invasive prenatal testing' (NIPT), because all that is needed is a maternal blood test.
The new testing is reported to have a number of potential benefits:
- Speed – It can be carried out as early as 10 weeks gestation and the results can be returned within a matter of days.
- Cost – In the UK NIPT is currently only available privately and can cost up to £1,200. Though NIPT is costly the research has shown an 80% drop in the number of women requiring amniocentesis. This in itself will greatly reduce costs due to less costly diagnostic tests being carried out.
- Risk – Due to the fact that NIPT is more accurate and has increased their detection of affected babies, less women will unnecessarily undergo invasive tests. Women who would never consider testing due to invasive tests may consider NIPT due to the reduced risk factor.
- Non-invasive treatment - treatment that does not require incision into the body or the removal of tissue. All that is needed is a maternal blood test.
- Where they have been given the wrong information about their screening tests results; and/ or
- Where there have been falsely reassured that their baby did not have a condition and they are thereafter born with; and/or
- Where medical practitioners fail to advise women of the opportunity they have of undergoing a NIPT as the treatment only occurs in private clinics, and therefore paid on private basis; and/or
- Where women were not advised or referred to a more detailed scanning.
The case of EA & AA v King’s Lynn & Wisbech Hospitals NHS Trust [2007] involved the wrongful birth of twins with severe Down’s Syndrome after failure to carry out screening for congenital abnormalities during pregnancy.
The mother was asked whether she would be willing to undergo a more detailed scan at King’s College in London; she confirmed she would. She expected to receive an appointment for this scan. The mother was never referred for scanning and no explanation was given as to why there was no referral.
The mother gave birth to the twins who had Down’s Syndrome. The twins are likely to live to age 60, without capacity, unemployable, unable to live independently. Mother is at risk of further depressive illness, and father’s depression is continuing at date of settlement.
The parents were awarded £25,000 for Pain, Suffering and Loss of Amenities (known as PSLA), and total award (70 per cent of full award) £1.5 million.
We aim to review clients’ positions and to advise them accordingly, as to whether any medical negligence has occurred in line of the above-stated situations.
If you have been affected please contact one of our team of experienced Clinical Negligence lawyers for a confidential discussion. Duncan Lewis Personal Injury Solicitors have extensive experience representing clients who have sustained injuries as a result of incidents at work. Duncan Lewis’ no win no fee personal injury solicitors are proud of their reputation for being caring and considerate in their dealings with personal injury. Personal injury claimants usually have three years from the date of the injury to make a claim for road traffic accident compensation. Because of the limitation period for personal injury claims, it is important to seek legal advice from Duncan Lewis personal injury solicitors as soon as possible if you are injured in a road or public traffic accident. Family members can call Duncan Lewis for advice on making a claim if a loved one has been injured and is still recovering in hospital. For expert legal advice call Duncan Lewis Personal Injury solicitors on 0333 772 0409.
Petia Georgivia is a Trainee in the Personal Injury department at Duncan Lewis Solicitors.