Congenital surgical conditions can give rise to complex clinical negligence claims, particularly where concerns arise about antenatal diagnosis, the timing of referral, neonatal surgical management, and long-term outcomes for the child.

For clinical negligence solicitors, these cases present significant challenges when establishing whether an abnormality should have been identified earlier, whether appropriate specialist input was obtained, and whether delays in diagnosis or treatment materially affected the child's outcome. Distinguishing the consequences of an underlying congenital condition from potentially avoidable harm is often central to breach of duty, causation and quantum.

Drawing on specialist experience in fetal, neonatal and paediatric surgery, the webinar will consider conditions such as congenital diaphragmatic hernia, abdominal wall defects, gastrointestinal abnormalities and other congenital conditions requiring surgical intervention. Particular attention will be given to how clinical evidence can help establish whether earlier diagnosis, different management or timely surgery would have altered the outcome, and how ongoing medical needs, functional limitations and future treatment requirements influence the assessment of damages.

This session will help you to:

• Understand how congenital surgical conditions are identified antenatally and the significance of missed or delayed diagnosis in clinical negligence claims.
• Identify potential breaches of duty involving antenatal screening, specialist referral, counselling, neonatal assessment and surgical management.
• Assess causation where a child experiences complications, distinguishing the natural consequences of a congenital condition from harm potentially attributable to delayed or substandard care.
• Appreciate the clinical decision-making involved in neonatal surgery, including the importance of timing, postoperative management and recognised surgical risks.
• Interpret expert evidence on long-term prognosis, ongoing treatment, functional limitations and the potential need for further surgical intervention.
• Strengthen case preparation and quantum assessment by identifying the medical records, expert opinions and evidence needed to evaluate lifelong care requirements and future losses.