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Medical Negligence claim

(16 Posts)
Cuphalffullithink Thu 14-Mar-19 19:14:18

I have started a claim for medical neglience after the birth of my child and have suffered depression and anxiety, this has been self managed rather than going to the doctors as it's not something that is new to me and I have struggled on and off for years.. it has come back with full force since the birth of my daughter and the negligence I have received... will this affect my claim? Will my depression and anxiety even be taken in to account because I have not been to the doctors?

Thank you in advance for any advice

Cuphalffullithink Thu 14-Mar-19 19:15:16

Not asking if AIBU but added a thread under something else and I had no response

Asdf12345 Thu 14-Mar-19 19:16:14

This is the sort of question you should ask whoever you are paying to represent your negligence claim, not an Internet forum of randomers.

Cuphalffullithink Thu 14-Mar-19 19:17:46

Haha no worries thought there may be a solicitor amongst "randomers"

gowgow Thu 14-Mar-19 19:17:57

Please go to your GP - without support from her/him to verify your depression you'll have difficulty proving it.

Cuphalffullithink Thu 14-Mar-19 19:18:54

Thank you @gowgow

Finfintytint Thu 14-Mar-19 19:19:10

The issue will be in proving your depression and anxiety is linked to the birth. Without documentation from professionals you may struggle to make this link about the lack of care you received. flowers

Mintychoc1 Thu 14-Mar-19 19:23:13

Please don’t got to your GP if you aren’t needing medical assistance to manage your depression/anxiety.
I’m a GP, and we are on our knees with the workload, and trying to meet the needs of our patients while fulfilling the endless bureaucratic requirements from the government.
You really can’t justify an apppintment just to say “hi, I’ve got depression, I don’t need any help because I’m managing it myself, I just want it documented”.
I would suggest you write to you GP outlining how you’re feeling, so it can be added to your records.

countrywalks1 Thu 14-Mar-19 19:26:19

Really struggling to empathise here - sounds like someone has told you 'we can get you some money if you put in this claim', which seems a bit leechy. The other thing is it is difficult but the only way to get help is to ask for it.

Doctors don't just prescribe medications, there are CBT/talking therapies that can help - but you need to ask for help.

First and foremost, you should go talk to your doctors about current depression. They can help/signpost you in the right direction smile

Finfintytint Thu 14-Mar-19 19:29:40

Wow, Minty. Broken Britain or what? Just because someone doesn’t seek help from a GP for all sorts of reasons doesn’t mean they won’t benefit. Some people really struggle in thinking they can cope when they cannot.

Cuphalffullithink Thu 14-Mar-19 19:32:34

I am not saying I am going to go to the doctors, I am asking if the worsening of my illness due to my negligence will be documented or even taken in to account because it is not recorded

Not asking for anyone's empathy @countrywalks1

lunar1 Thu 14-Mar-19 19:37:40

The solicitors will have to be granted copies of your medical records when you start legal proceedings. If the level of negligence was relatively minor, but still had an affect on you then it probably will go against you that you didn't seek help. If it's a massive case of severe negligence then it won't matter so much as the records at the time would probably be proof enough.

Cuphalffullithink Thu 14-Mar-19 19:39:53

Thank you so much @lunar1

Cuphalffullithink Thu 14-Mar-19 19:43:30

I don't need to prove the negligence as it is very clear a huge mistake was made, it has had a massive impact on my mental health but it has not been documented as I have avoided doctors due to bad experiences

ChaoticKate Thu 14-Mar-19 19:55:19

Ask your solicitor. In reality it is likely that your side would try to argue that your experience caused a deterioration in your mental health, and the other side would suggest that you may well have suffered that anyway. If it is to form a part of your case then your solicitor will probably send you to see a specialist anyway and they will make an assessment of your condition and the likelihood of it having been caused by your experience. The claim process is hugely complex and nobody here will know enough about you or your case to give any kind of realistic answer. Even if they did know the detail there are so many other factors that will affect the outcome that you will never get the answer you are looking for here. So, ask your solicitor.

Cuphalffullithink Thu 14-Mar-19 20:04:16

Thank you @chaotickate really helpful

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