Parents sue: "We were required to decide on an abortion on the day of birth"
A couple, parents of a 7-year-old boy with a genetic disease, claim that negligence in pregnancy monitoring led to a delay in an important test that could have detected his defects in time.
"We were required to decide whether to terminate the pregnancy on the day of birth, before the genetic test result was received": this is what the parents of a child suffering from a genetic disease, which manifests itself, among other things, in developmental delay and autism, claim in a lawsuit recently filed in the Haifa District Court through attorney Tali Treiband.
The plaintiffs attribute negligence to "Meuhedet" and the hospital where the amniocentesis was performed, claiming that they should have referred them to genetic counseling at a much earlier stage. According to the lawsuit, the son suffers from "LEOPARD syndrome," which manifests itself in hearing difficulties, autism, developmental delay, and ADHD.
The mother became pregnant after fertility treatments. In the nuchal translucency test at the beginning of the pregnancy, a risk of 1:14 for Down syndrome was observed, which rose to 1:6 in the biochemical screening tests. Around the fourth month of pregnancy, an amniocentesis was performed.
Their main claim is that both "Meuhedet," as the provider of pregnancy monitoring, and the defendant, "Elisha" Hospital, where the amniocentesis was performed, refrained from referring her to genetic counseling despite repeated recommendations, and did not inform her about an important genetic test ("exome"), which could have detected the fetus's defects at an early stage.
As a result, the genetic counseling was performed very close to the birth, after a suspicion of heart defects in the fetus was discovered. According to the parents, they reached a situation where they were required to decide whether to perform a pregnancy termination on the day of birth and even before the exome results were received.
"Due to the conduct of the defendants and the performance of the exome at such a late stage," the lawsuit states, "the plaintiffs were deprived of the practical possibility to act in accordance with its results and consider their steps, and the genetic investigation became impractical." Due to the significant delay, the results of the exome test arrived only after the child was born.
The parents noted that if the exome test had been performed at an early stage, it is clear that they would have acted to terminate the pregnancy. A medical opinion attached to the lawsuit states that "it was correct and necessary to refer the mother to genetic counseling on several occasions during the pregnancy, and she should also have been informed about the possibility of performing an exome test."
In addition to heart problems, significant developmental delay, and autism, the child is short-statured and suffers from severe hearing problems. As of today, he studies in a special education class and is under close medical supervision. According to the parents, he is unable to function independently and will need the help of others and the adaptation of his place of residence to his disability for the rest of his life.
They demand that the court award them compensation in the amount of millions of shekels for special damages that have already materialized, such as loss of wages and medical expenses, in addition to further compensation for loss of future income as well as "general damages" such as pain, suffering, and violation of autonomy.
The "Meuhedet" health fund and "Medica - Elisha" Hospital stated in response: "The lawsuit has not yet been served to us. When it is received, we will study its details and respond as is customary in court."
