A baby’s trisomy 21 was not diagnosed during the prenatal ultrasound. The mother files a complaint against her gynecologist.
- People with trisomy 21 have three chromosome 21s instead of two.
- The most common consequences of trisomy 21 are mental retardation, heart or digestive malformations and characteristic facial features.
Trisomy 21 affects about one in 400 pregnancies, according to the High Authority of Health (HAS). This is one of the most common chromosomal abnormalities… But thanks to ultrasounds and blood tests from the future mother, it is now possible to assess the probability that the fetus may or may not have this difference.
If doctors have any doubts about the results of these two types of tests, they can order another one – via a sample taken through the belly – in order to analyze the chromosomes of the fetus and refine their diagnosis. With these preventive checks, parents generally know in advance if their baby will have trisomy 21 and can therefore decide whether or not to keep it.
A diagnostic error in Tarbes
But sometimes there are misdiagnoses. It happened in Tarbes, in the South West of France. Ten years ago, Cécile Ferrier has however made the necessary examinations to detect trisomy 21. Her gynecologist at the time had assured her that all her ultrasounds were normal. Anthony, Cécile Fournier’s son, is now 10 years old and has Down’s syndrome.
Cécile Ferrier was informed of her newborn’s trisomy 21 24 hours after delivery. She has since filed a complaint against the gynecologist for not detecting this problem during ultrasounds and for having prevented her from choosing whether or not she wanted to keep the child at the time.
Not the necessary diploma
The gynecologist is today prosecuted for “endangering others” and “usurpation of title, diploma or quality“. Indeed, the practitioner had declared himself able to detect cases of trisomy 21 when in reality, he did not have the necessary diploma for this medical act. The family did not “did not have the information (of their child’s trisomy 21) because we have to deal with a doctor who does not have the skills“, explains Master Terquem, the family lawyer.
The gynecologist’s trial has been postponed until September 2. He faces a year in prison and a fine of 15,000 euros.
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