I am suing for medical negligence for my birth injured baby AMA

[annonnymous]

Well not quite anything, I can't give away any specific details of my case, but I have a good idea how this corrupt and appalling system works.

@HOkieCOkie

So your going to sue an already struggling and cash strapped organisation? Half the issues are due to lack of funds/staff etc and shortcuts. You sue and this’ll only get worse.

Don't be silly. They have funds set aside for this purpose, it takes nothing out of the NHS operational budget. A baby who has been injured by reason of negligence during birth may have massive and expensive needs throughout their lives which will not be met by our inadequate education and care systems. Is that baby just supposed to suck it up?

@Vinto

Is there a part of you that's glad to have someone to blame/hold responsible? Rather than simple genetic defect or random bad luck.

OP is supposed to be glad that her baby has been seriously injured by avoidable negligence? I think I may have reached peak MN.

@NiceTwin Yes, we have confidence in the medical care. It has been incredible, but major hip surgery, Scoliosis surgery on the horizon and 2 other major and many minor operations and treatments over the years has meant we have to have faith. The vast majority of NHS staff are fabulous and I'm sure most midwives are but I also think some have a very dismissive attitude to mothers and ignore their concerns. I don't see this in other areas. With my second DC I was concerned because I hadn't felt movements, and the MW I saw had me in tears with her attitude that I was wasting her time. deja vu there.

I actually have every sympathy for you OP.

We were very lucky and survived medical neglect at birth without any long term impact ( other than parental mental health).

It became obvious that the hospital management were scared we would sue and having been unable to get any care while giving birth we had lots of senior management visits the next day.

We didn't sue once it was obvious that dc was going to be ok, although we did ask for a case review.

If we hadn't been so lucky I would have wanted dc to have the financial support in the future, or if they had died I think I would just have been so angry I would have done it to do something.

I hope you get what you need for your dc's future.

So sorry to read that this has happened to you and your family. I wish you all luck in winning the case.

I watched a Covid documentary this week. BAME woman are 5 x more likely to die in childbirth in the UK than a white woman.

It's is due to same reason as op as said - the woman aren't listened to, what they say is dismissed

OP - Is there a reason why an interim payment hasn't been made whilst a final settlement is agreed?

Keep going. You deserve peace that comes with being heard, believed and hopefully apologised to. You sound like a strong and determined mum.

People criticising the OP should have a look at the Morecambe bay hospital scandal. It was parents suing that brought the whole thing and all the cover ups to light and put measures in place to prevent future victims and protect future mums and babies........ My friends son was one of the luckier victims of the negligence. I mean he's alive. Albeit he's 20 and has the development of a 12 month old baby. But still, he's alive. So many mums and babies weren't that lucky and so, so many babies and adults will need lifelong care. That costs money, from parents having to give up work to care right up to adaptations, equipment, respite etc etc for a situation they shouldn't be in.

YANBU OP! I very nearly avoided a similar situation. My pregnancy with DS was riddled with issues from week 12.. high risk for downs due to testing at 12 weeks, confirmed he did not have downs but there was a possible issue with the placenta , put on aspirin which I took every week.. 20 week scan okay and then the 30 week scan they advised me that everything looked okay but there were some holes in my placenta but nothing too be worried about.

32 week scan came and he was measuring small.. I’d been signed off from work with stress by this point and I could hardly feel him move anymore and my stomach had stopping growing, it actually appeared to be getting smaller.

I went for a week at 34 weeks and he hadn’t grown at all since the 32 week scan, they admitted me to hospital but told me it would be daily monitoring and they would try and keep him until 37 weeks. I asked them to give me pros and cons why my baby would not be better off delivered early whilst his heart was still beating than leaving it for another 3 weeks when he was clearing struggling. I ended up shouting at a midwife that I would not be responsible for this pregnancy anymore and that if my baby died it would be on them. They did one more test the next morning and then arranged a EMCS.

He ended up being a lot smaller than they even thought, his dates were wrong so he was younger than they though and they confirmed that because his bowels weren’t strong enough to work on their own and he couldn’t breastfeed because he was too small.

They discharged him after 10 days. My family and I were absolutely disgustsed in the care the hospital provided. I’d sue but I don’t know if I’ve got a case and I feel I should be grateful my son is alive and healthy.

I’m sorry to hear about what happened with your daughter OP! Stay strong

@annonnymous I don't see this in other areas

Neither do I, or at least not as much as in maternity. Despite short staffing and similar conditions in any other parts of health.

In your personal opinion, why?

I am just so sorry, OP, for your daughter's injuries and the impact it is having in you all. It sounds absolutely devastating. My college flat mate had a similar situation with her younger brother; he was starved of oxygen during birth and is profoundly brain damaged. He has required 24/7 care for the last 40 years and will need it for the rest of his life. They successfully sued the culpable NHS Trust so at least they can provide their son with what he needs. I hope you're successful and that you are awarded a high enough sum so that you feel at peace with the care your daughter will receive.

Oh they close ranks alright OP! They 'lose' notes. In my case they also wrote actual lies in my notes.
My son suffered nerve damage due to the person delivering panicking and pulling his head!
They dodged me when I asked them to please talk me through what had happened. It dragged on for years then at the very last minute they settled. It was so stressful but my son now has enough money to live comfortably for life. They never apologised though and that still pisses me off.

If they injure your child they should be held accountable. There's no place for oooh you awful awful person the NHS is sacred... when they damn near killed your baby!

@HOkieCOkie

So your going to sue an already struggling and cash strapped organisation? Half the issues are due to lack of funds/staff etc and shortcuts. You sue and this’ll only get worse.

Who will pay for the child’s care then, you? Easy to talk shit when you haven’t experienced what having a birth injured baby is like. For many it would take millions of pounds to give them any kind of decent life in the UK.

So sorry to hear you are going through this and that your child will need lifelong care also for your son because you are right siblings don’t have a normal childhood.
Sad that mistake are still happening and agree about cover ups and lies.

My eldest had a difficult birth. I wasn’t listened too. List briefly - monitor for contractions not plugged in so not recording. I was told I wasn’t having contractions. Time - from when mistake rectified. So labour hours longer than what they said. Left in labour too long. Baby was stuck. Saved by Consultant who returned to work after 24 hrs off to find I was still in labour. He took doctor out and shouted at her. Baby’s heart failed while he examined me and they ran down the corridor to theatre. Baby born by section. 36 1/2 hours!CS cut large ragged cut from belly button to pubes this was described at another hospital as a bloody mess. I had an infection for four months afterwards and it was stitched to tight so is twisted and still itches and bothers me forty years later. Baby was born dead and resuscitated Apgar score 0,2,4 and in ScUba unit for a couple of weeks. Birth weight dropped by 2 lbs. I didn’t see him till he was six days old and was wheeled into Scuba feeling like that could give me any baby and I wouldn’t know it was mine. After care not great. Husband not informed I had nearly died and I wasn’t properly conscious for three to four days. When we left hospital no one talked through what had happened and never told me prospects for baby. I had a letter 6 months later and GP discovered that I had no idea about it and had to break it to me that baby might be brain damaged. Baby under Peds for 18mths. At 2 1/2 GP told me son looking healthy and medical staff didn’t expect him to live - down as “ failure to thrive”. We were lucky he lived and has had no problems other than asthma which wasn’t recognised until he was 6 despite me saying and in family. Breathing problems from birth.

Baby 3 same hospital/ no choice. Went into labour a couple of weeks early. 4 centimetres dilated kept over long weekend then allowed to mum’s nearby then allowed home. Continual start stop contractions. Baby arrived three weeks later. Baby small 5:6 lbs and when placenta delivered described as gritty as it was failing.
Baby 4 different hospital and 14 years after DS1Problems in pregnancy, local midwife 35 years sent me in high BP three times, taken in on day before due date went into labour spontaneously.during last stage I complained and wanted doctor (on call) told them something was wrong. BP high. Apparently ( DH ) I demanded doctor as something wrong, baby delivered. I couldn’t hold her as weak told like I had a steel band pressing on my head and wanted doctor they ignored me and I had a fit and nearly died. Doctor called. Had to stay in delivery room for 24 hrs. Consultant was raging. I know this because friend was on next day. Kept for five days, no visitors allowed for four.

Sorry for long post but I wanted to support you on the fact that mistakes are made, mums aren’t always listened to and cover ups do occur. I was lucky with DS1 and lucky I had fit after birth and not just before or baby would have died.

You expect things to improve but mistakes are still made. People are only human but if they are mistakes that shouldn’t be made then of course the family need money to provide for the care of that child. I hope it doesn’t drag on too long for you and you get the care.

For those disagreeing... Walk a day in this mum’s shoes.

@Redsquirrel5 I'm on a group and I hear similar stories to yours happening today. Mistakes happen time after time that shouldn't be happening. The midwifery service never seems to improve and mistakes are just shocking to hear about. The fact many CTG reading are misinterpreted is horrifying. If a cardiologist misinterpreted an ECG they would be struck off but time and again midwives and doctors get it wrong and leave babies to struggle.

@B1rthis Babies are amazing little things and can survive unaffected after 10 minutes with no oxygen to their brain. Adults only 4. I think the fact midwives make mistakes but the baby is fine has bred a sense of complacency that it will turn out fine in the end. They seem to work on the premise that everything will go smoothly. I believe they should work from a 'rule out the worst case scenario' and only then assume it's something minor. Why aren't mothers tested for Group strep B? It's a deadly bacteria which kills baby but no screening is done.

@VettiyaIruken I'm so glad you have the peace of mind and care for life. I'm assuming SD. The push all the time for a 'natural' birth even with large babies that may have SD worries me all the time. I think you realise how dangerous childbirth is and how quickly it all goes wrong. I know I have a very negative attitude to it now which is unreasonable. More than anything I want things to change. Babies are damaged and mothers left with years of mental trauma and then put into the awful position of years of legal battles just to have the peace of mind someone will look after your child when you are not there.

I battle with the huge anti-induction people. There does seem to be a complacency that with modern medicine everything will be fine from the moment of the positive test.

The maternal and infant death rates used to be shockingly high and we have somehow forgotten that it's a very risky process for both Mum & Baby. Indiction is partly why these rates have improved. Sadly it seems there is still much that should be done, could be done and yet isn't being done

Campaigning by MAMA Academy has been pivotal in seeing a reduction in preventable stillbirths in the UK in the last few years. It seems woman need to be more empowered to ask questions and challenge midwives

It's a silly thing but I was constantly pressured to lie on my back so they could get an easier CTG trace but I couldn't as it was utter agony despite having a partially effective epidural. Why wasn't that ringing alarm bells??? They always pressured me to deliver on my back as well which just seems ridiculous when it's actually working against gravity?

There is nothing like your midwife panicking to scare the shit out of you! Then they repeatedly tell you for HOURS after the birth that I didn't need to urinate (I was in agony holding it in) turns out it's something you should do as soon as possible afterwards. I think she wrongly assumed I had a catheter but again what I said was completely dismissed! I was so ill after that baby and I often wonder if that was a factor.

@RandomMess Childbirth is incredibly risky and I despair at people saying how natural the whole process should be. We need to overhaul the whole system, and look at how countries with low mortality rates do it, like Scandinavian ones, and do that here. They have high tech waiting in the wings so anything going wrong in the 'comfortable' environment can be rapidly upgraded. Every Baby Counts from the RCOG is supposed to help, but mistakes that should not happen, still do. The not listening, and 'I know best' attitude has resulted in disaster after disaster, but it continues. I think midwives run their own little kingdoms the way they want, as they did in Morcombe Bay, when they need much more rigourous guidelines (like telephone Triage). DS (unaffected child) was highly monitored and delivered via Csection, but I would never have another child now. I think its because women give birth, not men, that there isn't the focus on safety there should be.

How dare people tell you not to sue! and the funny thing is these people would be suing straight away if it was them ..if you had a car crash would u use go to your insurance company ? Yes you would ! the NHS have the same imsurance policies in place ...people lile the above really P@ss me off saying do u know the NHS is struggling blah blah so will the child will struggle daily ...

I’m so sorry for your experience, I hope the case settles as quickly as it can to give your dc the care they need.

Although this is a zombie post, it would be good to know @annonnymous whether your case has been settled yet, and whether you agree with the settlement.

If it hasn't been, is there anything we can do to help, like write to Government Officials, sign any petitions etc? I hope that your and your family are as well as possible, and that you all got through Covid OK. xxx