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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU to consider suing the NHS?

125 replies

BrokenVag · 28/09/2015 18:59

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?

OP posts:
Original poster
BrokenVag · 28/09/2015 19:46

Just reading up. 3 years from date of knowledge of the problem. Which in my case is December 2013.

OP posts:
herethereandeverywhere · 28/09/2015 19:47

You need a better consultant. It may be the only way to get that is to go private - for which you'll need cash.

I would sue - partly because I would not want anyone else to have the same incorrect episiotomy as you.

Sorry you're going through this. I had years of problems after a forceps delivery and attendant epi. What does not help is the 'it's normal, move on' blasé attitude of many frontline NHS caregivers (GPs, HVs, midwives) and the expectation you just have to suck it up and deal with it.

Original poster
BrokenVag · 28/09/2015 19:48

Thank you. [cries]

OP posts:
Mistigri · 28/09/2015 19:48

I think I would want a second opinion and a copy of my medical records in your position. I would also find out about the hospital trust's complaints procedure.

StarlingMurmuration · 28/09/2015 19:54

I can recommend Irwin Mitchell, if you decide to sue. My mother was killed by NHS bungling and they got quite a lot of money for my dad, plus they were lovely with him and with me, even travelling down to London with me to offer support when I went on Good Morning to talk about the case.

StarlingMurmuration · 28/09/2015 19:57

Also we didn't end up having to sue because IM scared them so much they just rolled over and settled out of court.

Bakeoffcake · 28/09/2015 19:58

I agree with others, get a second opinion first. Explain everything and hopefully the second consultant will help you and allow further treatment.

If they don't do that I'd sue, without hesitation.

Toffeewhirl · 28/09/2015 19:59

Really sorry for what you're going through, op. I'm appalled at your treatment, frankly. You should contact AvMA (Action Against Medical Accidents). I contacted them when my Dad was killed by medical negligence. They advised me as to whether we had a case and pointed our family in the direction of a good solicitor.

Their helpline is 0845 123 2352 and it's staffed by lawyers who specialise in these type of cases and work for improved patient safety.

AyeAmarok · 28/09/2015 19:59

YANBU, OP.

You should sue. There are a lot of problems this has caused you - loss of sex life, loss of more children, loss of confidence, pain and suffering l,and to add insult to injury, they want you to pay for the treatment that it's their fault you need Shock.

Poor you Flowers

SantasLittleMonkeyButler · 28/09/2015 20:00

Yes, another supporter of the NHS who thinks you need to sue for this. At the very least for the money to pay to have things repaired privately (as the NHS in your area seem unable to offer an effective solution).

You have been handled in a completely unsatisfactory & disrespectful way. Yes, there are risks involved in child birth but this should not have been one of them.

Best of luck Flowers.

80schild · 28/09/2015 20:01

I worked in this field before DCs - definitely would say worth a shot. When did they find out what was wrong? From your post, it sounds like it was a while ago. You have 3 years from the date of diagnosis to start a claim (so in your case it would be the date you saw the consultant and she examined you and said the problem was the episiotomy).

I would recommend finding someone reasonably local (and with a good reputation obviously). You should be able to check through the Law Society.

OhWotIsItThisTime · 28/09/2015 20:01

Christ, yes to getting legal advice. They should be bending over backwards to help you.

Original poster
BrokenVag · 28/09/2015 20:18

When did they find out what was wrong? From your post, it sounds like it was a while ago. You have 3 years from the date of diagnosis to start a claim (so in your case it would be the date you saw the consultant and she examined you and said the problem was the episiotomy).

Dec 2013 is when I saw the consultant. I didn't even know up to that point that I'd had a midline episiotomy.

OP posts:
whooshbangprettycolours · 28/09/2015 20:20

You need to take advice. All you need is correct treatment. Good luck x

PenguindreamsofDraco · 28/09/2015 20:21

It's absolutely not as simple as 3 years from Dec 2013. That is not necessarily your date of knowledge, which includes knowledge you'd have if you acted reasonably and sought expert advice (I am not saying you were unreasonable, btw, just that that is part of the test Smile ) So claimants can and often do have 'knowledge' for the purposes of limitation long before they actually know something IYKWIM.
So get specialist advice from specialist solicitors ASAP.

littleducks · 28/09/2015 20:28

As a NHS worker I think you should get this sorted and if it means you have to sue then so be it.

Request your medical records before informing the hospital of your intentions.

MissDuke · 28/09/2015 20:34

I recently heard of someone is a similar situation who managed to get the court to agree to an extension to the normal 3 years limit so it can be done. You need to see a solicitor urgently to get the ball rolling. I am training to be a midwife and rarely agree with the reasons that people cite for attempting litigation, however I would 100% support you in this. You have been treated absolutely dreadfully. Unfortunately I cannot recommend anyone in particular but hopefully someone can suggest a good solicitor. Do you have legal cover with your house insurance or bank account or anything?

Finallyonboard · 28/09/2015 20:40

YANBU. See a Solicitor. Flowers

jorahmormont · 28/09/2015 20:42

The Law Society have a 'Find a solicitor' facility and should be able to point you in the right direction. From memory Thompsons Solicitors, Stephensons Solicitors and (I think) Fentons solicitors are three 'big' firms that cover Clinical Negligence. some Quality Solicitors branches do too, you can look on the website or call head office who can give you an idea of where your local branch that would deal with it is.

Fizzielove · 28/09/2015 20:47

Just a word from someone who has successfully sued the NHS they will close ranks, medical notes will disappear and it will take a long time ( in my case 7 years!) you will (ur solicitor will be fobbed off) but I really think you are not being unreasonable!

Sunflower6 · 28/09/2015 20:50

I am a lawyer, you need to consult a solicitor asap in case the 3 year limitation is December 2016 as that doesn't leave long for a solicitor to investigate the claim. If solicitors take on the claim they will request your medical records for you as they will need to provide them to the independent medical expert they instruct. Don't wait to consult a solicitor while you get medical records.

Make sure that whatever solicitors you instruct are clinical negligence specialists as said above avma can recommend a firm to you.

MammaTJ · 28/09/2015 20:58

DS has a condition that affects his life brought about by his birth. I was not in a fit state to sue within three years of his birth but am already talking to my 9 year old about him suing when he is 18.

I certainly think you have a case here. Good luck with it.

dybil · 28/09/2015 21:03

YANBU but I suspect that you don't have a claim, Clinical Negligence claims are difficult to win. Doesn't hurt to make an enquiry but don't be too surprised or offended if it's bad news.

I'd reccomend going to a small or medium sized firm rather than a national chain. Small firms tend to think carefully about the prospects of success when taking claims on, a big firm might string you along for years before eventually dropping the case.

MTWTFSS · 28/09/2015 21:04

YANBU! Good luck x

crayolagranola · 28/09/2015 21:24

YANBU but just be really careful and don't emotionally invest too much in it or expect too much. The 3 years rule can be sketchy and could be viewed in legal terms as from the time it actually happened (the negligence). Thats not my view and I think you deserve compensation but I would just want to prepare you for a potential outcome. Get legal advice ASAP and get the ball rolling. Shop around and go with somebody with a good representation who specialises in negligence and not just a high street solicitor.