Prenatal Screening

The law requires that every pregnant woman be offered prenatal screening.

Prenatal screening is a series of tests that provides information on the risks of giving birth to a child with a birth defect or congenital illness. Testing does not screen for every birth defect. Typical testing screens for Down syndrome (Trisomy 21), Trisomy 18 and Open Spina Bifida (open neural tube defects).

Additionally, standard prenatal care typically includes serological screenings for infections such as HIV, syphilis, rubella, and hepatitis B surface antigen (HBsAg). These tests are essential for identifying and managing potential health concerns during pregnancy

Initial screening is available starting at 11 weeks of pregnancy and typically requires an ultrasound and blood testing. Initial screening provides only an indication of the risk of birth defect. To find out for certain if a baby has a birth defect, other testing can be used such as chorionic villus sampling (CVS) or amniocentesis. These tests are more invasive and carry greater risk.

Parents who learn that their child may suffer from a major disability or may not survive the pregnancy have the right to choose whether to proceed or end the pregnancy.

If prenatal screening is done incorrectly or results are not accurately reported, parents may be deprived of their legal right to make an informed decision about the pregnancy. In such cases, where critical risk information was not disclosed, parents may be entitled to compensation for the exceptional costs of raising a child with a disability — particularly if they can show that they would have chosen to terminate the pregnancy had they been properly informed.

Common Prenatal Screening Mistakes

Common errors include:

• Failure to offer appropriate prenatal screening
• Failure to adequately explain the risks, benefits and alternatives of various prenatal screening procedures
• Conducting prenatal screening tests at an inappropriate time in the pregnancy
• Mistakes made in interpreting prenatal screening tests, including mistakes made in interpreting ultrasounds
• Failing to report abnormal results
• Equipment failures that may lead to inaccurate results