A couple who claim that their unborn child was aborted when they were wrongly informed that it had a fatal foetal abnormality have have a June date for their compensation action hearing scheduled by the High Court. The case is expected to take several days to hear.
The misdiagnosis action is being taken against a range of different parties including the National Maternity Hospital (NMH), Holles Street, Dublin and a private clinic, Merrion Fetal Health, which is managed by five consultant obstetrician gynaecologists. All defendants deny any wrongdoing in the treatment of the unborn baby.
At the High Court The legal action was briefly referred to this week, when orders were made to permit a Scottish health board, which is believed to have conducted the testing at the centre of the claims, to be placed as a defendant to the parents’ separate damages lawsuit. The pre-trial issue in the action came before Ms Justice Deidre Murphy, who heard the defendants are seeking to add the Greater Glasgow Health Board (GGHB) to the proceedings.
The Judge was informed that the defendants have claimed specific tests performed by the defendants on the unborn child were sent to the GGHB for special review.
Additionally it was alleged that the report produced by the GGHB does not accord with best practice guidelines and that certain evidence was not considered.
In contrast to this the defendants are arguing that the GGHB is an appropriate party from whom the defendants are permitted to seek an indemnity from, and requested that it be added as a third party in the legal action. However the plaintiffs legal representative Richard Kean SC informed the judge that they would like to have GGHB added as a defendant in the case.
After reviewing the relevant submissions from each of the parties, Justice Murphy said added the GGHB as a defendant.
The couple, in their action say that they were given two test results indicating their baby had a fatal foetal anomaly during 2019. Additionally they claim that a test result provided following the termination by the NMH indicated that there was no genetic condition present in the foetus. The action states that the parent were wrongly informed that the unborn child had a fatal genetic abnormality, leading to termination that, they claim, should not have happened.
Compensation is being sought in relation to the personal injuries and nervous shock they experienced as a result of the alleged negligence and misdiagnosis of the genetic condition.