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Birth injury/trauma legal advice

(28 Posts)
topolone Mon 09-Sep-13 17:46:37

Hi all,
this is my first message here and I am very thankful that there are such tools in internet to help each other.

My son was born in June after a very long labour… is our first and we were inexperienced on all the labour thing.. of course we had a class and my partner did search informations about it since day one but still we weren't ready… because everywhere they tell you what to expect but not what to expect if the things don't go the right way.

Labour was about 23hrs, in which I saw every possible method of birth delivery… from natural without painkillers, with painkillers then forceps and suction cap and after all caesarean. It was a very traumatic and my partner was of course up in the joy of having a baby but as today she doesn't want to talk about it. She's very strong and very calm but I'm sure she's angry to the fact that we weren't treated correctly. (On 23hrs you get different midwifes/doctors that follows you and I can understand they could loose track of time of their patients if changing shifts but we are people not machines, after a certain amount of time they should call it off and go for caesarean directly)

My son seems alright now, loud as expected and smiling, as a result of the attempts using the suction cap he has a visible scar on his head, now I keep repeating myself that is going to be small and the hair will cover it but of course as you may know it's cause of great frustration because no-one so little should suffer such injuries and you keep blaming yourself everyday.

My main concern is of course my partner. She's very strong as I said, but I must do something for her and especially for whoever is going to find themselves in a similar situation. We want to seek for legal advice, not because we want "revenge" but just to understand if the things were done properly.. when you find yourself after 20hrs and you stand between your partner and 9 persons is a bit difficult, believe me to find the strength to oppose your self… also because you have that idea that "they know better"… if I could go back in time I would absolutely say that's it we want caesarean (which by the way we asked, but they say it wasn't possible because of the baby position and then after 30min we were in the theatre anyway….)

I would like some suggestion for legal advice:

- Do you have any recommendation regarding a professional law firm that follows Birth Injury claims? Were you satisfied with the results?
- Can I ask for maternity records? shall I leave it to the Birth Injury? (If I want to ask it on my own, my partner is very sensible about the matter, will they allow me? I'm not married to her)
- Have you find yourself in a similar situation? What's your story?

PS. I really wish that the day I spent on a class about birth and so on was focused on the things that can go wrong because when is your first… you don't know how long it should take and all the small things…signals…that things are not going well… you should be able to recognised them….moreover because you trust them 100% when you're there but at the end unfortunately was better to trust yourself…


Thanks in advance for any answer/suggestion you are going to give me.

My DS is just 9. I had a horrible labour which ended up with a forceps delivery...he looked bruised and battered. I felt rather the same after the episiotomy etc. However, he soon recovered, and is a bright and delightful child (according to teachers - although I would agree!) When I was about to have DS2 (perfect delivery), I remembered how awful it was, but what I always think is that without that medical intervention in all probability both of us would be dead.

I would ask for feedback from senior midwives / have counselling. As a lawyer, I struggle to see why you think legal action would be appropriate in your case.

topolone Wed 08-Jan-14 15:50:28

Thanks all for the messages.. alreadytaken could you contact me privately? Let me know.

purplebaubles Wed 08-Jan-14 16:00:26

I also don't think legal action is appropriate.

Similar experience to fed up above, and indeed, much longer than the 23hrs your wife went through. We also saw 5 midwives.

The important thing is, your wife and baby both survived. It doesn't sound like negligence to me. Giving birth is dangerous. Sounds like they saved both of them to me. As they did in my case.

I would consider counselling (helped with me) but seriously? You say it's not about the money? Really? I would focus on supporting your wife personally.

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