Doctor failed to spot that part of my little girl's brain is missing; Mum sues NHS over her daughter's 'wrongful birth'.
Byline: JEREMY ARMSTRONG
A MUM is suing the NHS over the "wrongful birth" of her daughter after a doctor failed to spot part of her brain was missing during scans.
Lindsey Shaw said she would have terminated her pregnancy with baby Emily to prevent her suffering the crippling disabilities she now has to live with.
Her child, who is now four, will be in a wheelchair for the rest of her life, is unable to laugh and can "just about smile", a court heard.
Emily was born with Aicardi syndrome, an extremely rare condition where the structure connecting the two spheres of the brain is missing or incomplete.
Lindsey, 32, said yesterday she would have faced "the most difficult decision for a mother to make" had she been made aware of the problems.
She added: "I would have ended the pregnancy, not because of her being disabled, not because I do not love her, but because if I knew she would suffer daily and have no quality of life, and have a shortened life, I wouldn't have her go through that. I wouldn't let my child suffer daily."
Lindsey, of Redcar, North Yorks, had an ultrasound scan at Middlesbrough's James Cook Hospital when 21 weeks pregnant.
A doctor reported everything was "normal", the High Court in London heard. But within two weeks of Emily's birth in October 2014, she began having choking episodes and seizures. She is partially blind, has learning difficulties, is unable to speak or walk, and is fed through a tube. Lindsay said: "She has no body strength. We try to keep her healthy but she gets a lot of chest infections which have taken a lot of kids' lives."
Lindsey is suing South Tees Hospitals NHS Foundation Trust for compensation to help improve her daughter's quality of life.
Her barrister Julian Matthews said if the doctor had spotted Emily's brain damage it would have prompted further tests. He added: "Miss Shaw would have been offered termination, which she would have accepted."
The trust denies liability. It insists the doctor took six scans which showed features like the missing brain element and she believed she had identified its presence.
The hearing ended yesterday with judgement reserved to later. Lindsey, who also has daughter Shakila, nine, with partner Paul Matthews, was not at court.
I'd have ended the pregnancy. I wouldn't let my child suffer LINDSEY ON WHAT SHE WOULD HAVE DONE
Lindsey with little Emily OUR LOVE
With older daughter Shakila, Paul and Emily at their home. Right, sisters play together CLOSE FAMILY