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AIBU to consider suing the NHS?

(126 Posts)
BrokenVag Mon 28-Sep-15 18:59:49

Today is the 5th anniversary of my child's due date. In reality she was delivered by forceps after a traumatic labour 2 weeks later. During delivery I was given an episiotomy. For various reasons DH and I didn't attempt sex until 6 months later, and it was clear that something wasn't right. I spoke to my HV who told me to see the GP. The GP didn't examine me, and just said that it was probably just the new scar tissue causing problems, and that it would settle down.

Another year passed, we still didn't manage to have sex, and I went to the doctor's again. Saw a female locum who examined me, said all looked fine and that I should just "get over it" (I was crying in pain at being examined). A year later (so DD is 2.5 at this point) I insisted on a referral to see a specialist. The appointment took a year to come through, and as soon as the consultant examined me she said it was highly irregular for a birth in the UK. Turns out I was given a midline episiotomy rather than a median one (the cut went straight down between the muscles rather than diagonally across one). The result is that the muscles went into permanent spasm and pulled against each other, meaning the scar didn't heal (the consultant split it open just examining me - this is 3.5 years after having DD). She suggested botox to stop the muscles pulling apart, and i had the first done last summer (2014). I was recommended to have it checked and a second dose after 6 months.

I had the second dose today, 15 months after the first. Part of the cut has healed, but not all, and again it split when I was examined. Consultant said that it should help, but she's not sure it will ever fix it completely, and the NHS only allows 3 treatments. Given the NHS caused this problem, which has caused significant issues between DH and I as sex is pretty much impossible (I can't even use tampons), WIBU to sue them in the hope that I'll be given whatever treatment is needed to fix the issue?

cansu Mon 28-Sep-15 19:03:16

God how awful. Yes I would see a solicitor to explore if you have a case.

Gottagetmoving Mon 28-Sep-15 19:04:25

Take legal advice from someone who specialises in NHS cases. No way should you be left like this or have to pay for further treatment.
YANBU at all to want to sue.
Your case should be investigated.

AnyFucker Mon 28-Sep-15 19:06:01

Yanbu

milkmilklemonade12 Mon 28-Sep-15 19:07:08

YANBU. I'm so sorry you've had to go through this flowers

LunchpackOfNotreDame Mon 28-Sep-15 19:09:21

Oh you poor thing. A similar thing happened to my mum (I only know after a similar experience but not as bad myself!) she left it 9 years before seeing someone and ended up having to have the wound recut to then be restitched to form a better repair. Has that been suggested to you?

musicinspring1 Mon 28-Sep-15 19:09:23

I don't think you're being unreasonable here at all. They should fund any treatment you need imo. [Flowers]

Girlfriend36 Mon 28-Sep-15 19:09:37

I work for the NHS and would say YANBU sad sounds awful.

Def get legal advice flowers Good Luck.

eatingworms Mon 28-Sep-15 19:09:42

Good Lord you poor thing. I think you should definitelyl look into it. At the very least they should ensure you are treated properly, so that you can enjoy a normal life again.

pukkapine Mon 28-Sep-15 19:10:49

Absolutely not unreasonable - you would almost certainly have grounds for compensation - a) for the treatment required to properly fix things and b) for the psychological damage. Don't feel bad about taking the money from the 'tax payers' wallet as they actually have whole funds to pay compensation when due - and you need it.

It must be so tough for you, I'm sorry sad But definitely contact some solicitors. You've got 3 years from finding out the cause so take your time and negotiate on no-win-no-fee arrangements and get what you can so you can move on.

musicinspring1 Mon 28-Sep-15 19:10:57

flowers even! Have some cake winebrew while I'm at it! grin

Blueberry234 Mon 28-Sep-15 19:11:45

I also work for the nhs and think yanbu x

Pico2 Mon 28-Sep-15 19:12:32

Which, of the many, failings in care would you be suing for? Has your consultant suggested what they would do if the Botox doesn't work? Surely they couldn't just leave you with it?

BrokenVag Mon 28-Sep-15 19:13:23

It's been suggested as the only other potential treatment, but the consultant isn't convinced the same wouldn't happen again. She did say that it might be a little better because the tissues wouldn't be stretched and stressed from the process of labour, but the cut would still be between the muscles. They can't completely paralyse the muscles as that could cause significant incontinence.

I'm feeling pretty down about it. I know it sounds ridiculous, but "down there" was fairly pretty before all of this. It looks like a complete wreck now. sad

BrokenVag Mon 28-Sep-15 19:14:38

I might do a DPA request for my notes. Would I ask the GP surgery or hospital?

SouthernComforts Mon 28-Sep-15 19:15:23

Reading just the title I was ready to say yabu, but you are definitely not unreasonable.

Poor you flowers

BreeVDKamp Mon 28-Sep-15 19:16:02

God YANBU, poor thing flowers

LunchpackOfNotreDame Mon 28-Sep-15 19:16:04

You poor thing. Definitely sue.

Episiotomies are brutal when they go right (I can remember the pain and stitches now and mine were well over a decade ago!) so yanbu at all considering all you've gone through. At the very least it's malpractice on behalf of the Dr or midwife who did it to you as it's not a technique practiced in the UK

ValancyJane Mon 28-Sep-15 19:20:30

i was not expecting to say this when I read your thread title as I'm very supportive on the NHS and hate people suing at the drop of a hat, but that is awful and YADNBU! I hope things get sorted for you one way or the other. Definitely see a solicitor!

BrokenVag Mon 28-Sep-15 19:29:37

Thank you. I think I'd better start gathering copies of notes and dates. Can anyone recommend a firm of solicitors?

softhedgehog Mon 28-Sep-15 19:29:46

If your are just after funding for the treatment, rather than compensation on top of it, I would suggest asking your consultant to put in an IFR (individual funding request) application for the treatment, likely to be much quicker than legal recourse. You have to prove that you are exceptional i.e. there isn't a cohort out there with the same problem, but it does sound very rare. Good luck.

softhedgehog Mon 28-Sep-15 19:30:54

Ps I work in this area, feels free to pm me if you want more info on the IFR process

CarrotVan Mon 28-Sep-15 19:30:55

You would write to the medical records department or go via PALS for your notes. Have you made a formal complaint? You should do that first, possibly via a specialist solicitor before suing as most judges will want people to have tried to resolve the dispute via the stated process before going to the law. I would request the records before making a complaint as I'm very cynical

It sounds like you've had a truly awful time

BrokenVag Mon 28-Sep-15 19:32:08

Well, I'd like whatever is needed to get this sorted to a manageable level at least. But then thinking about the non-medical stuff: the impact on the relationship with DH, not being able to even consider having more children, and the emotional damage, some cash for a holiday or something once I'm fixed would be nice, but it's not my main motivation.

BrokenVag Mon 28-Sep-15 19:35:28

Thank you. Consultant is very nice but was quite happy to cancel my appointment for the 2nd treatment (January '15) and let me wait another 8 months to be seen. Today, after injecting me, and telling me that she'd split me again, she basically said it was up to me to tell her now if it didn't work (how the fuck I'm supposed to know when I can't see it and the thought of DH going near it has me freaking out I don't know).

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