A baby born with a crippling condition and the child’s family recovered damages from a Toronto area clinic after the ultrasound technologist assessing him in utero reported his progress as normal, despite the scan showing clearly that he had severe deformities.
Mom’s second pregnancy was being overseen by an obstetrician. She had no significant prenatal risk factors apart from her late maternal age and the fact that she had had a previous Caesarean section. The Toronto Mother underwent a maternal serum screen which was negative.
She had a routine obstetrical ultrasound at 17 weeks’ gestation, performed in order to get a comprehensive overview of the health of her fetus and direct further investigations or care if necessary. Ultrasound guidelines require both the technologist and the radiologist to “note the presence of four limbs”. The technologist’s preliminary report stated that there were no abnormalities with the femur length. Likewise, the final report of the doctor said the same thing, concluding that both Mom and her fetus were normal and healthy. The examination showed the fetus from a number of different angles, so it was easy to evaluate and describe it in detail.
It was discovered at delivery, for the first time, that the baby had no hands or feet. As a result, the baby will require total care in all areas of life. The baby will require prosthetic devices and substantial home modifications.
Sommers Roth & Elmaleh Professional Corporation has over 40 years of experience in medical malpractice litigation in the Greater Toronto Area (GTA), Ontario, and across Canada.
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Disclaimer: Past results of cases and recoveries by our medical malpractice/medical negligence lawyers against hospitals, doctors, midwives, nurses and other healthcare professionals are not necessarily indicative of future results. The amounts recovered and other litigation outcomes will vary according to the facts in individual cases.