About down syndrome misdiagnosis claims
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If testing went wrong or no one told them the result, parents can ask for a malpractice review of a missed Down syndrome diagnosis. A diagnosis after birth isn't proof of negligence by itself. Take the actual test report first, then compare it with what the clinician told the family. Even if someone made an error, the reviewer must ask whether that error caused legally recognized harm.
You aren't questioning your child's worth when you ask about their diagnosis. You're asking about what you were told and the care you received during pregnancy. This information isn't legal advice. Because the rules depend on your state or province, ask a lawyer there to explain how they apply to your family.
1.Something went wrong
Write down dates and names while they're fresh.
2.Get your records
Ask for your full chart and test results.
3.Free case review
A lawyer looks at what happened, free.
4.Medical opinion
A doctor checks whether the care fell short.
5.Start the claim in time
Your lawyer starts the claim before the deadline.
6.Settlement or trial
Many claims settle. Some go to a judge or jury.
What Down syndrome misdiagnosis means
A person with Down syndrome has an extra copy of chromosome 21. As the medical page Trisomy 21 (Down Syndrome) explains, this extra copy can change how the body and brain develop compared with how they develop in a child who doesn't have the syndrome.
By misdiagnosis, we mean concerns about prenatal screening or diagnostic testing here. Perhaps the result was a false negative, or nobody passed it on to you. Ask about the test if that's your concern, but when the report was available and no one discussed it, ask why the conversation didn't happen.
The report's words come first. Don't rely on memory alone, even if you heard “everything looks fine.” Have the clinician explain which test you had and what you can or can't learn from its result. The prenatal testing errors page has more on the broader testing issue.
Where a testing or communication error may arise
Look for anything in the record that doesn't match what you remember being told. Work out whether you're questioning the laboratory's result or how the clinician read it, then check whether anyone explained that result to you. You don't have to assume fault to ask for a review.
| Concern | Record to examine | Question for the review |
|---|---|---|
| A reported negative result | The original test report | What did the report actually say, and how was it explained? |
| A result the parents say they never received | The report and communication notes | Is there a documented discussion of that result? |
| Uncertainty about follow-up | Prenatal visit notes | What follow-up was discussed, offered, or declined? |
| Different accounts of the conversation | Messages and the family's dated account | Where does the family's recollection differ from the chart? |
If a message never reached you, that doesn't necessarily make the test itself defective. Describe what happened without treating those as the same problem. If you lacked the information you needed to make a decision, the informed consent page can help you work out what to ask.
Warning signs in the record
Look through the testing records to see if anything's missing. This review isn't a reason to diagnose Down syndrome by appearance or online symptom lists. If you can't find a result, ask the care team. When the written report conflicts with their explanation, ask them to explain the difference directly, then follow up on any request for clarification that goes unanswered.
Keep getting medical care while you seek a legal review. Keep questions about prenatal testing separate when your child's clinician is dealing with current concerns, so the disputed earlier conversation doesn't take over the appointment.
What separates malpractice from an unexpected result
When a diagnosis surprises you, questions remain. Before weighing whether the alleged error caused the harm you're claiming, the reviewer needs to check what the standard of care required. Whether that harm can support a claim is another question they must check under the applicable law.
The standard of care
To ask what the clinician or laboratory should have done, begin with what's in the chart. A negative result isn't proof of negligence. Ask the lawyer what medical assessment would determine whether the result fell short of the standard of care or doesn't establish that it did, before you call it an error.
Causation
You're questioning the testing, not the chromosome condition itself. Think back to what accurate testing or a timely result would have changed for you. Tell the lawyer what information you asked for, if you made a request, and what you understood at the time. Use your own words to describe what happened, rather than shaping your account around a legal theory.
Harm recognized by law
Have the lawyer check the law where you received care to see whether you can recover for that harm. You don't gain a right to compensation from another family's lawsuit. Find out which claims the law there permits and what facts would support them, if it allows claims at all.
Parents sued Legacy Health in Portland over an alleged misdiagnosis, as described in the March 2, 2012, report Couple Sues Over Down Syndrome Misdiagnosis. A lawsuit's filing isn't proof that the defendants were negligent. You won't find a published result in that report, either.
A separate issue: overlooking another health condition
Prenatal testing isn't the only diagnostic concern for people with Down syndrome. The article Diagnostic overshadowing in Down syndrome patients looks at what happens when other health conditions are missed or aren't fully diagnosed.
You may think another health condition was overlooked after the Down syndrome diagnosis; keep that concern separate from prenatal testing. Tell the reviewer how the clinician responded when you brought up your concerns, including what they said or did. Prenatal testing wouldn't be part of that review, which would look at care for the overlooked condition.
A question about prenatal testing doesn't necessarily mean you're describing a birth injury. If you're worried about pregnancy care beyond the testing, you may find the obstetrical malpractice page helpful.
What to do next
Request the underlying reports
Ask for the prenatal test reports and visit notes rather than relying on a summary. The later diagnosis report belongs in that request, too. Tell the lawyer which requested records you're still waiting for if they haven't all arrived.
Write a dated account
Write down what you remember being told about testing, with the dates when you received the results. Keep the original messages in your records because a summary isn't a replacement for them. If you don't remember a date clearly, note that you're unsure.
Define the unanswered question
If you think no one passed on the result, say so and explain whether you question the report itself or how someone read it. Ask for a review of the care even if you haven't yet established the answers to those questions.
Ask about local law promptly
Ask about the deadline even if you don't have the whole chart. Tell a lawyer who handles medical malpractice in the relevant state or province where you received care, noting where each part of it took place.
Tell it plainly. The reviewer can see the mismatch in “The report says this, but I remember being told that” without untangling an accusation. You can still seek an independent legal review after asking the care team to explain what happened.
Deadlines differ by state and province
The same statute of limitations won't apply to every claim about a Down syndrome misdiagnosis. Check the deadline for the place where you received care. Once you've read the state resources or Canadian resources, ask a local lawyer how the rules fit the dates you've written down.
Tell the lawyer at your first conversation about any care you received in more than one state or province. Ask them to check which rules could apply to your care. Don't use another family's online account to decide which rules cover the care you received.
Preparing for a case review
You can bring the records you have now without waiting for a complete file. Ask whether the firm takes claims about prenatal testing. Find out what the firm's medical review would involve (including costs you'd face) before you agree to let the firm represent you.
That first conversation can happen before you've answered every question. Ask your lawyer what records are needed to assess your case if some haven't arrived yet, and whether the deadline calls for action now.
Common questions
Is a missed prenatal Down syndrome diagnosis always malpractice?
Can I pursue a claim if a test result was never communicated?
What does a false-negative Down syndrome result mean for a legal review?
What records should I gather for a Down syndrome misdiagnosis review?
How long do I have to file a Down syndrome misdiagnosis claim?
Is diagnostic overshadowing the same as prenatal Down syndrome misdiagnosis?
Sources
- Trisomy 21 (Down Syndrome), Publisher not identified
- Couple Sues Over Down Syndrome Misdiagnosis, Publisher not identified
- Diagnostic overshadowing in Down syndrome patients, Publisher not identified