A Case of Misidentification: Ultrasound Mistake Leads to Court

A Sneak Peek

Some of the best parts of my pregnancies with Darling 1 and Darling 2 were the ultrasounds. I vividly recall each of them; a sneak peek at my tiny baby. I had two ultrasounds with each son. We were anxious to get a look at them, but mostly we wanted to know if everything was developing correctly and working properly.

At Darling 1's first ultrasound we thought everything was perfect. He was active, had all his limbs and organs and his heart and kidneys were functioning well. Then, the obstetrician told me that the there was one "soft marker" for chromosomal defects, a Calcium buildup in his heart. We were referred to a perinatal specialist obstetrician for a more detailed, second ultrasound.

At the second ultrasound, the doctor assured us all was well. She had seen at least 5 others with the same issue just that day. She said our doctor was just erring on the safe side. She explained that this phenomenon was relatively new and it was thought that perhaps these Calcium blips have always been there are now showing up due to our advanced technology. It causes no problems and often is absorbed later.

A Shattering Thought

We were so incredibly relieved to know our unborn baby was healthy, and grateful to have another look at our mover and shaker. However, the first night after the first ultrasound with the possibility that something was wrong with my baby hanging over my head was excruciating. It was so painful that I tried to forget about it; I tried to ignore the constant nagging in my brain; I tried to talk the worry away with Dear Husband; I tried to fill my mind with positive research information concerning this tiny bit of Calcium.

To no avail; I cracked in the middle of the night that night. All of my fears and concerns came rushing out, flooding the room with sadness, as if a dam had broken in the dark of night without any warning to the town below the dam. After letting all my terrors escape out of my brain, I was able to wait the two weeks until the second ultrasound that set us free. And 4.5 months later, my baby was born and was perfectly formed.

What Would You Do?

There are many opinions about what one should/would do if met with a severe disability, abnormality, medical condition or other conundrum during an ultrasound or subsequent amniocentesis. If you could or would have known something would you have decided to end the pregnancy? Would you ever choose to end a pregnancy?

I know some who felt certain about terminating a pregnancy should a disability be detected. I know others who would have never terminated a pregnancy, regardless of the prognosis or issue found. Thankfully, I never had to make this decision or even think about it. No matter which way you view it, there are no easy answers.

Large Award for Defects

I just read about a case out of Florida that awarded 4.5 million to Ana Mejia and Rodolfo Santana, the parents of a child born with severe defects, back in September. This child was born with no arms and only one leg. The couple had two ultrasounds performed during the pregnancy and were told everything was fine with the baby. They were told there was an extremely minor chance of a chromosomal disorder; the same remote chance that most people have.

When their son was born so severely disabled they were shocked and terribly upset that this information that escaped the ultrasound technician and obstetrician. They were saddened for their son who faced a life of hardship. They sued the two obstetricians they felt were responsible for this oversight and negligent in failing to provide such important information.

The couple claims they would have terminated the pregnancy had they had this information in hand after the ultrasounds. The couple sued in order to provide the care and medical procedure and prosthetics for their young son, now 3 years old.

They asked for 9 million, but the jury came back with a 4.5 million dollar award that will provide for his needs for the rest of his estimated 70 years of life, even if something happens to his parents.

A Case of Negligence

Now, perhaps you fall in the same camp as Mejia and Santana; or maybe you'd accept the fate of your child and the cost of caring for this severely disabled child and not blame the doctors for dropping the ball and neglecting to detect these very obvious defects. Whether you would have sued or not, it's clear {to me and the jury, at least} that these doctors were negligent.

As illustrated from my experience with Darling 1 and the tiny Calcium buildup in his heart, ultrasound technology is quite advanced these days, and my ultrasounds were 5.5 years and 3.5 years ago. It should be quite clear to a trained ultrasound technician whether a child is missing limbs. And even if a technician missed it, then an obstetrician reading the films should for sure catch such a grave defect.

However, this case is not for you or for me to decide. It was for the jury. And the jury found the obstetricians at fault and decided this award of damages was in order, based on the testimony heard, evidence presented and instructions provided by the court.

A Call for Humanity

I happen to find the lawsuit, the jury finding and the award in order. What surprised me were the 159 comments {OK, I didn't read all 159, but I read a number of them}. The majority of the comments were hateful, rude and disrespectful. The comments were overwhelmingly against these parents. Some comments remarked that the parents should have been aborted. Other comments made the parents out to be gold diggers, trying to win big money for themselves. And on and on, the comments attack these parents.

I was surprised and shocked by these comments. I know, I shouldn't have been, but I'm a bit Pollyanna-ish when it comes to humanity. I always expect people to treat others with more respect and kindness than they do. But it seems that the anonymity of leaving a comment online seems to bring out the worst in people.

If we could put ourselves in other's shoes and understand that we don't know what's it's like to live someone's life until we walk a mile in someone else's shoes. If you have not seen your idea of having a perfectly formed child dashed against the rocks, watched your horribly disfigured child, knowing he will never experience life like other children and realized that for the rest of your life you will be caring for this child, then you have not walked a mile in their shoes. I know I have not.

The Scoop

There are many overly-litigious lawsuits out there. I'll be the first to admit it. But a lawsuit such as this is not one of them. A lawsuit such as this will help ensure these doctors and hopefully others don't make this kind of mistake again. Over and out....

Anna

Comments

[The Slacker Mom]

All 3 of my boys had the calcium deposits on theri hearts, all three of them fine. Like you, I was assured that it was found quite often and usually works itself out by birth.

With the twins I had upwards of 20 ultrasounds because they shared a placenta and they were keeping close watch to see if any TTTS developed. It didn't thankfully, and by US number 12 I was ready to be done with them! With Judah I had 2 and I was fine with that. I'm not the mom who wants to run to the nearest 3D US store and invite my family to watch the big reveal.

A friend of mine gave birth to her son this morning, he was stillborn at 37 weeks. She had no complications. I think we totally take for granted that babies will be born healthy and even that they will be born alive.

Technology can't stop everything from happening, but it can help a lot of things.