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To Sue the hospital childbirth complications and serious health problems for child

(64 Posts)
Readabook1 Wed 04-May-16 12:44:21

Sorry very long Also very distressing 1. Background ; history of stillbirths of the first born on one side of the family. When the pregnancy was confirmed we stated this and requested an elective cesarean -this was refused.
2. True to form the baby got stuck with the cord wrapped round the neck twice.
Forceps delivery. Hospital asked to place the baby in a Special Cot-refused.
3 On call Paediatrician called no action taken
4. An hour after the birth retired medically qualified relative arrives to find the baby had collapsed . without this action the baby would have died.
5. Baby and Mother had to be transferred to a Neo-Natal unit (the expense of this alone makes me cringe Nhs prepared to fund any b...mistake the docs make)
6.Mother now bleeding to death but helped
7.We are told the baby had an infection and possibly meningitis The medic relative
said no not meningitis -this was correct.
8. Baby survives ( is full term) but we are told possible loss of right kidney (due to infection)
9. No follow up on kidney by anyone
The rest is now very distressing so you may not wish to read
10 Child now 18 in the middle of A level- suffers a DVT Rushed into hospital. (gp order) Given drug therapy
11. Dvt on left side so now 2 injuries . Only follow up is Ultrasound scan confirming loss of kidney. Our questions not answered ie how did this happen. We asked for a venogram -the doctor had never heard of it
12 A year later - we get a referral to Specialists in London dealing with children.
13 Venogram confirms restriction in the blood supply to the lower left leg.terrible pain (he had to finish A levels the next year so a year lost)
14 Specialists request medical records from his birth Go to Gp He says he has no
idea how to get them ???!!!
15 The Specialists are suggesting the baby did not have an infection or anyway he
certainly had a thrombosis in the right kidney at birth so it was things around the birth that possibly brought this on
I am fuming that we used a "hospital" and had to practically save our own child
Thanks for listening

situatedknowledge Wed 04-May-16 12:47:46

I can't help with any of it really but wanted to say our local maternity hospital say they only keep maternity/birth records for 8 years.

dailymailphequers Wed 04-May-16 12:53:01

Message withdrawn at poster's request.

Shakey15000 Wed 04-May-16 12:55:37

Sorry just to clarify- in point 8 you mention possible loss of kidney, point 9 is no follow up on kidney and point 11 confirms loss of kidney.

Did he lose a kidney shortly after the birth? I'm not sure where the law stands on bringing action so many years later. It may be nigh on impossible to prove it was solely that which has caused the current complications etc. Sorry he's been unwell

WorriedOrStressed Wed 04-May-16 12:57:09

You are NOT out of time. Records are kept for 25 years for this very purpose. Child (now adult) will need to bring case. Suggest you see a reputable medical negligence lawyer (not online).

dailymailphequers Wed 04-May-16 12:59:40

Message withdrawn at poster's request.

Micah Wed 04-May-16 13:00:08

I don't get it.

Did the DVT at 18 affect the functional kidney?

It sounds like a traumatic birth, and perhaps errors were made, without the records it will be impossible to determine.

But both mother and baby survived, and the baby was otherwise healthy until 18 when they had this DVT?

How is the DVT related to the birth trauma?

Was the cord around the neck a genetic issue? Did you know the reason for the stillbirths were due to a long cord? That wouldn't only affect firstborns though.

What exactly are you after? To prove the birth is causing current issues?

WorriedOrStressed Wed 04-May-16 13:00:46

See here:

Shakey15000 Wed 04-May-16 13:01:28

Also, was there a reason when at 19, he was referred to a children's specialist? confused

dailymailphequers Wed 04-May-16 13:01:38

Message withdrawn at poster's request.

dailymailphequers Wed 04-May-16 13:03:58

Message withdrawn at poster's request.

Readabook1 Wed 04-May-16 17:01:18

Thank you for your replies.It clears the emotions a bit when you discuss matters
with people who are slightly removed from the situation yet may be sympathetic as
they are parents etc I also hope that some good may come to others from this so
they can help their own children.
Legal (age)Yes quite right. If a child suffers neglect, injury etc then once aged 18 it is only they that can sue. In practice though they may be assisted by older relatives.
to sue you need in legal jargon a "loss" The baby lost a kidney during birth and this means transplants death etc if the other kidney was injured/lost so a big loss.
normally if a hospital decides on an injury condition etc then they follow it up but
they did not The loss of an organ during birth is often but not always attributable
to oxygen starvation when the baby is stuck It was the London Specialists who said it may have been a thrombosis,
Medical (age) A normal Pediatrician will see children/younger people but where the
health condition found is unusual in younger people then it may be beyond his/her
remit. Our young one is not actually seeing Paediatricians. (spelling!) our local
doctors cannot handle his case as I showed earlier.
He sees a Haematologist who examines young peoples blood and a vascular Surgeon who does Research into DVT and has examined the sight of the injury.
A Venogram has proven a restriction in the left leg caused slow blood supply.
He is classified as disabled now If he cuts his finger and it bleeds for 5 minutes he
has to go to A&E..
The Haematologist wants the records and has stated if xyz have not been done
then it is war
The fact that a patients retired medic relative had to save the baby shows me that
the people doing this job could not be fully trusted in their work-scary
This tragedy would probably not have happened if an elective c section had been
done. The mother was young strong and healthy.
A complaint was lodged and they admitted the Paediatrician had insufficient English to do his job properly (and was scared to phone the Consultant we guess)
The Mother is too frightened to have another much wanted child and when the
Maternity unit locally was shut we celebrated

dailymailphequers Wed 04-May-16 17:15:34

Message withdrawn at poster's request.

Stopyourhavering Wed 04-May-16 17:23:58

You ( or rather child) is not out of time....however it would take an awful lot of money to prove that these issues were connected ( if at all)
Did birth take place in private hospital?

dailymailphequers Wed 04-May-16 17:27:37

Message withdrawn at poster's request.

Niklepic Wed 04-May-16 17:29:10

Try contacting AvMA for advice. They also have a panel of solicitors who they can put you in touch with if you do want to make a claim.

SomedayMyPrinceWillCome Wed 04-May-16 17:32:54

You usually have to start a case for medical negligence with 6 months of the "incident" occurring, unless there are special circumstances. 18 years may be too far to go back. I maybe wrong, happy to be told I am if so

dailymailphequers Wed 04-May-16 17:33:39

Message withdrawn at poster's request.

AddToBasket Wed 04-May-16 17:35:53

You are not yet out of time. The records may be retrievable.

He needs a good medical negligence solicitor - very soon. You should be able to do this no win no fee. This case will turn very specifically on the facts and what evidence can be found from the time and what expert opinion is.

Niklepic Wed 04-May-16 17:36:31

For a minor it's 3 years from the 18th birthday, so up to the 21st birthday (unless there is not mental capacity in which case there is no limitation period, but it's tough as hell to get medical records).

dailymailphequers Wed 04-May-16 17:37:34

Message withdrawn at poster's request.

PotteringAlong Wed 04-May-16 17:40:39

Why does the expense of transfer to the neonatal unit make you cringe? Would you rather they left them to die?

dailymailphequers Wed 04-May-16 17:42:36

Message withdrawn at poster's request.

Niklepic Wed 04-May-16 17:43:47

You're right, mum can't claim for any injuries she sustained but the now grown baby can claim for his.

noeuf Wed 04-May-16 18:00:32

Ffs people if you can't help why snipe? And why post crap information if you don't actually know how long?

Op, I would contact the hospital CCG responsible for the area and ask how to get the records. If the unit was still open that would be the first place but you say it's shut. Alternatively put it in the hands of the lawyers as per the link a pp posted. Depending on what you want to achieve.

I'm sorry your DC had a crap, frightening experience and j can understand you wanting to know what happened.

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