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am I entitled to any compo

(43 Posts)
82chelle Tue 28-Jun-11 21:43:28

Hi All,

This is not for the queasy lol.

I had my son 4 months ago. I tore during birth. The mw wasn't sure if it was 2nd or 3rd degree tear so called the surgeon to look and he told her to do it. This has resulted in me being stitched wrong. My doctor has referred me to gyno I have an appointment for Thursday.

Here are the problems this has caused.
It is impossible for me and my oh to have sex we have tried many times and it has put a strain on our relationship and made me very insecure.
I had an infection in my stitches a few days after and was put on antibiotics by my gp. About a week after the finished I started to notice a horrible smell coming from down there and thought it was another infection and was put on more antibiotics. I was doing all the right things to keep it clean but the smell was still there. In the end I got a squeezy bottle and blasted myself and the smell went but I had to blast everyday and still do when I'm having my monthly cycle. I had a feel and realised a pocket has been created. It is very uncomfortable still.

I can't help thinking if the mw wasn't sure of the degree and was worried about stitching me should it of been done by the surgeon who by the way said it was borderline of 2nd and 3rd degree.

Is it worth me trying to get compensation for the stress and discomfort it has caused?

Sorry for the horrible details it is very embarrassing.

xx

Dolcegusto Tue 28-Jun-11 21:52:51

Surely you'd be better off trying to get your problems sorted out properly by the hospital - money is not going to make the situation any better.

springbokscantjump Tue 28-Jun-11 21:56:59

Really? You decided to ask MN not about whether anyone has any advice to help you with the problems you have but whether you can make any money out of it? Really? Out of interest, how much would you think would make it worth it?

82chelle Tue 28-Jun-11 21:57:16

I have an appointment on Thursday with gynaecology

ginmakesitallok Tue 28-Jun-11 21:59:55

Were your problems caused by being stitched wrong though? And would a surgeon have stitched you any better? Agree with those above who say to get it sorted, find out what went wrong and then complain if appropriate. Proving medical negligence is notoriously difficult

82chelle Tue 28-Jun-11 22:01:33

Not so much for money but so it doesn't happen to too many women. A complaint about such situations are usually ignored. It was only a question as to wether it is worth it and not how to!!!

82chelle Tue 28-Jun-11 22:02:42

Hey gin,

My gp took a look and said it has definately been stitched wrong

meditrina Tue 28-Jun-11 22:03:55

You might like to look at this leaflet from Action Against Medical Accidents which gives a good introduction to the UK situation.

82chelle Tue 28-Jun-11 22:05:56

Thank you meditrinai will take a look now

cardamomginger Tue 28-Jun-11 22:38:02

Doubt it. These things are extremely hard to prove. You have to prove (1) that the hospital failed in their duty of care, (2) that the failure has caused you a reasonable degree of discomfort/pain/distress/etc and (3) the exact amount of pain/discomfort/additional expense etc and how to put a price on it. The third bit is the easiest bit to prove. As for (1) the hospital will probably say that they did stitch you correctly. Regarding (2) the hospital will probably say that even if they had stitched you incorrectly, given that correct stitching sometimes fails, you cannot prove that correct stitching would have meant that you would not have been in your current situation. I know that is a twisted bit of logic, but that is what will probably happen. And you will probably find that your GP, etc, who quite cheerfully said that you had been stitched wrong in a consultation with you, when it came to writing something official for a negligence case would fudge the issue and say it generally looked OK and it was just one of those things. You are extremely unlikely to find a firm of medical negligence solicitors who are willing to take the case on. Sorry! What you could do, is to get a copy of your labour notes and then make a formal complaint. Formal complaints have to be investigated and cannot be ignored. It's not necessary to have your notes in order to make a formal complaint, but you might find it helpful. PALS should be able to advise you and your gynae may be able to advise as to whether it is the sort of issue that should be taken to a formal complaint level.

82chelle Tue 28-Jun-11 22:51:53

Thank you for the advice cardamomginger. I'm still unsure wether or not to take any action as I know the process will be long and stressful and also occupy time I would rather spend with my lo. I will see how it goes with gyno on Thursday and decide from there. You are spot on with the details and I found your post helpful, thanks again x

BagofHolly Tue 28-Jun-11 22:59:10

Dolcegusto, having cash to throw a situation, particularly a medical one can make a world of difference. If the OP was to sue and win, one of her options would then be surgery revision by the world's best urogynae surgeon, not just whomever happened to be on at the local hospital that day. Or therapy to get over having bits wrong down below. Or a bloody good holiday. It's no different to sueing over any other form of personal injury, and I think the tone of your post is a bit unfair.

82chelle Tue 28-Jun-11 23:31:38

Thank you bagofholly someone who thinks of the affect it has had rather than being critical.

I don't think the people who posted the unfair replies thought of things like that. Although they are entitled to their opinions they really should think about what women go through mentally, emotionally and physically before trying to be almighty.

Your post has cheered me up thank you x

fruitybread Wed 29-Jun-11 12:35:30

I agree withbagofholly - I don't think it's unreasonable to think about compensation of some kind if it turns out to be appropriate. Cash can genuinely do much to improve someone's situation if things have gone wrong due to negligence or poor practice. In other words, money might well make the OP's situation better, as BoH points out. I dislike the idea that anyone seeking redress for something that may have gone wrong is looking to 'make money' in a grasping way.

I also think it's bizarre to read 82chelle's post and think that she is looking for compensation INSTEAD of getting her medical issues addressed. Especially when she says she has an appt with the gyno.

(I do agree these things are very difficult to prove, though, and can be emotionally draining).

BagofHolly Wed 29-Jun-11 17:38:22

I quite agree. And now ive re read the thread, the comment "how much would you think would make it worth it?" is particularly offensive. If we experience a detriment, injury or loss, why should we NOT complain and be compensated for our pain and trouble? For goodness sake, would you post something so crass to someone who had lost a loved one to medical negligence? Would you ask how much they thought their mother/baby/husband etc was worth? I sincerely hope not.
This experience and those like it can result in a damaged and ruined relationship and sense of self, and potentially conception issues. Anything that can be done to ameliorate that loss is worth considering.

82chelle Wed 29-Jun-11 20:47:54

Thank you very much for your support ladies. You have both made my question plausible rather than criticise me. For the ladies that tried to make it seem I am being greedy do not realise the true affect it has had so I will explain more as to the affect.

My partner and I split up and I moved in with my mum baby in tow for 2 months because I feel so insecure that we can not have sex I kept accusing him of going else where because it didn't bother him. This meant my son was unsettled because he wasn't at home (my partner owns our house) and causing stress on all 3 of us. I cry constantly because I feel less of a woman. And as I mentioned it is uncomfortable. So whilst you try and be nasty because if the question I asked I know I have good reason to ask and unless you have been/are in this situation you may never fully understand the affect it has

mosschops30 Wed 29-Jun-11 20:58:19

I had a bad 3rd childbirth, wirh my csection and subsequent problems.

After discussing things with the hospital, debriefing etc on many occasions it was clear that i wasnt going to get so much as a sorry from them.
When a private consultant told me that he felt the surgeon was negligent my mind was made up and i decided to tak legl action.

Its been ongoin now for 16 months and the hospital have only just formally denied liability. We will now go ahead and take them to court.
Its long and hard going and if you have any psychological issues from your experience then the legal process can make them worse.
I have had to be seen by numerous professionals for the case.

I wish you luck in whatever you decide.

82chelle Wed 29-Jun-11 22:05:16

Oh mosschops30 I'm so sorry for what you have been through after a c section I'm sure your dilemma is much worse and more traumatic. I wish you luck with your case I hope you win x

Ushy Wed 29-Jun-11 22:46:21

I work in this area, 82chelle, and there are quite a lot of claims for maternal injury of this sort -particularly misdiagnosis of tears. They don't result in huge payouts and generally the hospitals try to settle out of court. What it does do is to make maternity staff realise how awful the impact on people's lives this sort of injury can be.

Good luck:-)

82chelle Thu 30-Jun-11 17:01:42

Well my appointment with gyno wad rather disappointing. He agreed I was not stitched right although his words were "I'm not happy with the way the mw stitched you". He is going to email the maternity department so the mw is spoken to although personally I thought the mw was brilliant and it was not her fault and I made that clear to gyno.

He has given me dilators to use for 4 weeks. Well I say dilators but it is actually 2 different sized clamps they use for smear tests as they had no dilators. I was told if there is no improvement after 4 weeks I will be booked in for surgery.

BooBooGlass Thu 30-Jun-11 17:05:27

I think you'd be massively wrong to seek compensation tbh. It sounds as if you have a bit of a shit relationship and are trying to blame the surgeon for all that has followed. Take some responsibility and look at the way you and your partner treat each other. And really, a 2 month old will not be unsettled by being in a different house.

82chelle Thu 30-Jun-11 18:03:18

Actually boobooglass my partner and I have a very good relationship and have always treated each other with the greatest respect. And yes a 2 month old can become unsettled when taken from familiar surroundings. Babies are not that stupid that they do not know what's going on they are very intelligent and sensitive to change.

It sounds to me you have your head in the clouds and think certain things do not affect people's lives and those close to them. Either that or your thoughts wonder no further than how you think someone would deal with a situation. You have obviously been reading too much mills and boon and need to be brought back to the real world!!!

BagofHolly Thu 30-Jun-11 18:14:04

Boobooglass, you poisonous ignoramus, do sod off, there's a love.

BagofHolly Thu 30-Jun-11 18:26:39

2Chelle, don't rise to the bait. She'll be back in school tomorrow.

82chelle Thu 30-Jun-11 18:30:45

Lol bagsofholly my thoughts exactly

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