Failure to Diagnose Down Syndrome

The Herald Sun in Australia published "Two couples suing doctors for failing to diagnose Down Syndrome" today. This isn't the first time I've read something like this. There was a similar article in 2009 about a couple in Oregon suing their doctor for $14 million.

I don't want to judge BUT... It's sickening! Absurd! Selfish! The father says they treat their 4-year old daughter like gold. How contradictory! Can he look his daughter in the eye and say, We love you but but would've killed you had we been known that you weren't going to be "perfect"? It's maddening! Of course, they place blame on their doctor who failed to detect Down syndrome (Remember, any test to detect Down syndrome is not 100% accurate). Surely, SOMEONE is to blame when life throws a curve ball, right?

Here is the article in case the link to it doesn't work:

TWO Victorian couples are suing doctors for failing to diagnose Down Syndrome in their unborn babies, denying them the chance to terminate the pregnancies.

The couples are claiming unspecified damages for economic loss, continuing costs of care of the children, and "psychiatric injury".

Both say they would have aborted their pregnancies had they been told their children would be born with Down Syndrome.

In one case, parents of a girl born in July 2005 are suing the Royal Women's Hospital. The parents said an early indication of Down Syndrome was detected by ultrasound in the first trimester and a further test was recommended.

They went to the Royal Women's with the results of their initial ultrasound, and another was taken.

The doctor failed to detect Down Syndrome, the mother said.

"Had the presence of Down Syndrome been diagnosed at the time of the first trimester ultrasound and/or at the time of the second trimester ultrasound, a time frame which permitted the termination of the pregnancy, then the (mother) would have terminated the pregnancy," the statement of claim says.

The girl, 4, who now attends a specialist kindergarten, was born with heart, kidney and thyroid problems, can't walk, and needs help feeding, her father said.

"Don't get us wrong: we love our daughter. She's part of our family, and we treat her like gold," he said.

Maurice Blackburn lawyer Kathryn Booth said she was investigating whether appropriate ante-natal management and testing, including an amniocentesis, should have been offered and performed.

In 2003 the High Court ruled parents could sue in the event of a wrongful birth, she said.

New South Wales, South Australia and Tasmania have legislated against such claims. But in Victoria, people can sue for compensation for the continuing costs of raising a child to the age of 18, where the child was born as a result of negligent care, she said.

The Royal Women's is yet to file a defence.

In the second case, Western Health is being sued over a birth at Sunshine Hospital in December 2007.

The parents allege a failure to "exercise reasonable care" of the mother, "advise (her) in relation to the risks of Down syndrome given her age" and "provide (her) with the option of ante-natal screening.

"In the event that Down Syndrome had been detected, (she) would have elected to undergo a termination of her pregnancy," their statement of claim says.

The parents claim to have suffered "depression, shock and anxiety" and "pain and suffering during pregnancy and delivery".

In its defence, Western Health and a doctor involved in the birth deny any wrongdoing.

The hospital argues the family has failed to show it suffered a "significant injury" as defined by law.

Unless settlement agreements are reached, civil trials are expected to go ahead.