Parents to sue a Gold Coast ultrasound clinic and doctor over their failure to diagnose their unborn daughter with Down syndrome.

The couple claims they would not have continued with the pregnancy if they had known, and have indicated they will seek damages for child-rearing costs of their daughter, who is now four years old.

The Supreme Court in Brisbane on Friday granted the couple an extension of time to launch their case against the medical professionals.

The court judgment reveals the couple visited the clinic in August 2014 for an ultrasound to determine whether the embryo had any chromosomal abnormalities.

They were told by a sonographer and a doctor that the risk was in the “low range”, and were advised not to undergo more extensive testing.

Their baby was born in early 2015 with Down syndrome, and spent a couple of weeks in intensive care being fed by a tube.

The couple is suing the clinic and doctor over “wrongful birth”, with the mother also suing for personal injury.

They will be seeking damages for child-rearing and maintenance costs, as well as for loss of future earnings while caring for a child with a disability.

Reading this broke my heart.

We have shared in the past a Mum’s touching letter to the doctor who advised her to abort down syndrome baby.

She wrote , “I came to you during the most difficult time in my life. I was terrified, anxious and in complete despair.

“I didn’t know the truth yet about my baby, and that’s what I desperately needed from you. But instead of support and encouragement, you suggested we terminate our child. I told you her name, and you asked us again if we understood how low our quality of life would be with a child with Down syndrome. You suggested we reconsider our decision to continue the pregnancy.” Read more here.

Share your comments below

Read more:
Beautiful Video of Mums and Their Down Syndrome Children Goes Viral
The Touching Moment Mum Realised Her New Baby Has Down Syndrome
Mum’s letter to the doctor who advised her to abort down syndrome baby


  • So if they were told their baby had Down syndrome in utero they would have destroyed it. So why then, did they keep her on birth when they found out 100%? They could have put her up for adoption therefore not needing to have loss of wages etc. I have taught children with Down Syndrome who have lead a normal and happy life. What makes them so sure they will be more financially burdened than if their child doesn’t have Down syndrome?

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  • Personally I would have requested further testing, especially as there is varying degrees of it. A lady I worked with until her pregnancy had a son with Downs Syndrome with practically no quality of life. He was bed ridden. None of the numerous therapies they tried helped him at all. He was bed ridden. He was often unconscious or only semi conscious with really bad epileptic seizures and pain caused by them from jerking his whole body. He was non-verbal so they had to “read the signs” to work out whether or not he was in pain. It can cause headaches as bad as migraines. He used to rub his head. He had to be tube fed and required 24 / 7 intensive care. On more than one occasion it was suggested they put him into permanent care. He had a severe heart problem and another often connected to Downs Syndrome. Naturally he never went to school. He passed away from a combination of Epilepsy, Heart Failure and sudden onset Pneumonia.

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  • I do not understand the suing culture.


    • Me either, people just are too quick to pull that card out whenever they don’t like something or get their own way etc

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  • Wow. Just wow. I hope they don’t win the case. Low chance is still a chance. They weren’t told 0% chance.


    • Sorry *low range. Low range doesn’t mean zero chance, right? Surely there would be something to say that no test is 100% accurate anyway.

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  • That’s a horrible story for everyone. Easy to say you wouldn’t have had the baby when there’s cash in your sights

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  • wow a tough read

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  • Chromosomal abnormalities are not to determine via ultrasounds.
    This is heartbreaking ! Very sad indeed for the child.
    Having a child with Down Syndrome myself, this comes very close to home. We chose for this child knowing that she has Down Syndrome. We adopted her into our family even when she isn’t our own biological daughter. There is no loss of earnings, she only added blessings.

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  • This is really sad. Now that your child is here, how can you still feel this way

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  • I feel bad for the child if they ever find out about the lawsuit it would be heartbreaking.


    • I was thinking the same thing. It’s her I really feel for in this whole thing. The parents seem heartless to pretty much say they dont like their life now that they have her.

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  • Oh my, if they wanted a definite answer they should be requested more testing, I feel for this little girl.

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  • Ths is heart breaking for the child. But at the same time, raising a Disabled child can be incredibly difficult. And it has no end.

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  • An ultrasound is not definitive for things like downs syndrome. Only a cvs or amnio can do that so if they were that concerned why didn’t they have the proper testing?

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  • Wow! Poor child.. imagine living with a family who wishes that they killed you before you were born.

    Reply

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