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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To sue the NHS over my birthing experience

486 replies

boomitscountginula · 03/11/2017 22:56

Now before I get flamed to death. I do appreciate my birth story isn't as bad as some but, I now refuse to have another baby unless I can get assurances that this won't happen again, and the only way I can do so is to go private, I think.? It was traumatic to me.

I had a quite easy birth, in terms of how long it took "officially" but I wasn't listened to and have a couple of long lasting injuries I think could of been prevented if they believed I was in labour to begin with.

My birth story: I woke up the day after my due day and had lost my plug over night. Went for a stretch and sweep at lunch, (planned as it was my first) with my midwife said I was 3cm already.

Fabulous, no pain at the minute, now 3cm easy birth.. so I thought.

Went home had a nap, woke up with contractions near tea time. By 9pm they where regularly 6 minutes apart so rang the maternity ward, had a phone assessment and went in.

Got into maternity triage, in absolute agony, had a physical exam and the triage said:

"Your only 3 cm, you need to come home and come back."

I said well as you can see, I am contacting every 6 minutes and less now, the pain is overwhelming and I feel like I need to push.

She tutted and said in all her experience she had never been wrong and I had hours to go, so needed to go home.

I was in bits at this news and crumbled. I never wanted an epidural and chose pethidine (sic) and gas and air. So agreed I would go home but I needed some kind of pain killer, that I could have with my chosen birth plan. I really put my foot down and said I will go home but only if I can get a pain killer stronger that the 2 paracetamol I had taken already.

She said she would find a doctor, but never came back.

Meanwhile I then go into the advanced stages of Labour. Bare in mind I had two paracetamol and my waters haven't broken. It's like trying to birth a gym ball.

I am literally screaming in pain in a side room in maternity triage, pushing and effectively giving birth myself. My partner and my mum (both birth partners) took it in turns to find anyone. But no one came for 45 minutes.

After 45 minutes a junior midwife came in and said "oh my god your in labour".

Me and her literally ran to the deliver ward, where I was given gas and air.

I took a massive gulp of it, and was told off, because I should only take it when I am in pain and contracting..... never mind the two hours I have just been in hospital alone labouring, without a monitor on my baby or any pain relief.

I am still not hooked up to monitor, the only medical intervention is gas and air right now. My waters still haven't broken, 4 minutes later I was given the pethidine. 2 minutes after that I crown, baby in sack. Midwife broke the waters and my son was born. My official record shows that I was in labour for 9 minutes.

I had pain relief 4 minutes into my 9 minute birth and at no point was I on any kind of contraction monitoring machine. Nothing monitoring baby's heartbeat etc etc. I might as well have birthed in the woods.

I also split my right labia in two during the birth. The midwife didn't want to stitch it because it wasn't that bad.. yet I couldn't pee, unless in the bath for 3 weeks, and now that side is an inch longer than the other. Causing me, well you can imagine.

Start to finish I was treated like dirt, I was left labouring in a room alone, I was belittled and injured without proper treatment. And now I am afraid to be pregnant again.

I love the NHS, but they have let me down, massively. I am permanently injured (labia) and mentally scarred. But hate the idea of sueing the NHS on a theoretical level...

OP posts:
RaindropsAndSparkles · 04/11/2017 20:43

Absolutely athorse within the context of the HRA, dignity, respect, professionalism, etc. Care in the UK can't be compared to that in the third world. In the UK care is funded by those who use it, those who use it are entitled to first world care because that is what they have paid for. It isn't a favour charitably given.

Lattedrinker · 04/11/2017 20:53

FWIW, I wasn’t “hooked up” to any monitors for either of my labours. This isn’t a prerequisite. They listened to baby’s heartbeat with Doppler-type thing but it doesn’t sound like they had much time to do that.

UnderTheF1oorboards · 04/11/2017 20:55

You can’t sue. The time limit for starting legal proceedings is 3 years after you became aware of the alleged injustice, which in your case was at the time of the birth. Technically you could complain to the hospital but the time limit for doing that is 6 months. Unless you’ve been detained under the mental health act since then, or something equally drastic, the hospital would be perfectly within its rights not to respond to your complaint. After 9 months or a year they might make an exception, but not 4 years.

You have literally no option but to just try and move on with or without counselling.

Bombardier25966 · 04/11/2017 20:56

Sometimes, the only way to see this change is attack where it hurts. And with the nhs, what hurts is money....

Your reasoning is fundamentally flawed.

The reason the NHS is in the state it is, is because of lack of funding. Taking more money out of the pot is not going to produce additional staff or beds, it's just going to put more pressure on the already overworked staff.

Huggybear16 · 04/11/2017 20:57

Being cash strapped is relevant. The budget is still tax payer's money and can go towards someone more deserving due to genuine medical negligence - not a baby destroying your fanny. I don't think you went into labour with realistic expectations, this is more the norm than the exception. If you have to sue anyone, the person to sue would probably be your child

RaindropsAndSparkles · 04/11/2017 21:00

Oh for goodness sake huggybear. Who guides women 're expectations?

Those in the NHS need to start telling the truth rather than making excuses. BHS budgets are grossly mismanaged.

AlexsMum89 · 04/11/2017 21:01

Some of the responses on here make me feel sick. I don't have much of an opinion on whether to sue or not but we should not be encouraging each other to accept that we get treated badly during childbirth because that's just how it is!
There are some things you can't change, but there is no need to be treated badly by medical professionals. It should not be accepted. Do not accept it.
We are so often made to feel like we should be happy we get our baby and therefore forget everything else, but that doesn't take away the serious mental health issues you can face from AVOIDABLE bad treatment - being ignored, belittled, made to feel stupid, talked down to and more. That stuff shouldn't happen.
So often women have to face PND, PTSD and more whilst injured and with a newborn but too ashamed to speak up because 'you've got your baby'.
We deserve respect, we all do

TammyswansonTwo · 04/11/2017 21:11

I've seen women suffering serious physical injury years / decades after their birth who've never received the help they need. It's a disgraceful state of affairs and it continues partly because women are told to sit down and shut up about their experiences.

RaindropsAndSparkles · 04/11/2017 21:14

It is absolutely time we all stopped being grateful for a bad service. It needs to be accountable, professional and competent. Too often it isn't. It doesn't do me any favours. It provides a service for which I pay and me and my family are net contributors. I am absolutely sick of the people in it thinking it is free. It is only free at the point of delivery. It should be engraved on their hearts.

SnowWhitesRestingBitchFace · 04/11/2017 21:33

My story is nowhere near as bad as any of yours but I can totally understand the utter hopelessness you feel when your own feelings intuition isn’t believed.

10 days before ds2’s due date and I’m sitting on the floor in front of the toilet (having been violently sick as per the usual) and my waters break.

Things start to happen quite quickly after that (it was about 9am) and by 12pm I’m on my way to the hospital. Contractions are quite close together but not in any way unbearable. Get to the hospital where I am examined and asked if I’m sure I didn’t just wet myself 😑 I honestly was asked this several time.

They wanted to send me home but I was adamant things were starting and wouldn’t be long. I was put on a monitor and totally left for about 2 hours until I went to the toilet, had my first unbearably painful contraction and discovered I was bleeding quite badly. Ex-dp ran to go and get the midwife who didn’t seem all that bothered to be honest. I told her I had the uncontrollable urge to push (whilst she was still talking about sending me home).

They quickly examine me again and then I’m told baby has dark hair and I need to start pushing.

Oh fucking really?!

Ds2 was born with no issue and I didn’t sustain any injury’s but honestly I felt so belittled.

I’m now pregnant with dc3 and I’m not going to lie I’m a little terrified of having the same experience.

Headofthehive55 · 04/11/2017 23:07

No one gets it right all the time though. I got it wrong with DD3 - really didn't think I was delivering anytime soon. In fact tried to send the midwife away. (I was certain that it was only Braxton hicks)
The point is you can't guarantee a particular experience. Even if you choose a CS, you can't guarantee that it will be complication free, even if the medics do everything right.

NamasteNiki · 05/11/2017 00:31

Not being goady but a genuine question: what actually are they supposed to do when someone is 3cm or less and doesn't appear to be in labour?

Admit everyone just in case they go very quickly? Then they run out of beds and have to turn away women who are in established labour?

RaindropsAndSparkles · 05/11/2017 00:40

I think it depends on whether the woman is in pain namestiki. Believe me an op baby is agonising at 1/2 cm. What they should be doing is scanning on arrival to check position, cord, etc., helping themselves and women to make I formed decisions.

When it happened to me the hospital was v quiet. No planned admissions, major public holiday. Nearly 23 years ago. More midwives than women and on the postnatal bay of 6 there were just two of us. They were whinging then about overwork. Seriously the only bit of overwork I saw was hands shovelling Christmas cake into mouths.

They were not busy. They didn't want to be arsed with providing care. And that was in the Halcyon days of the mid 90s. Brand new leading edge hospital it was.

GetOutOfMYGarden · 05/11/2017 00:43

NamasteNiki they're supposed to get out the crystal ball and figure it out that way of course.

OP has had a shit experience. But a shit experience does not always translate into a legal case. Anyone who knows a bit about medical negligence can see that.

NamasteNiki · 05/11/2017 00:57

I know. I am a Clin neg lawyer

Thetoothyteeth · 05/11/2017 02:28

@namaste are you?! I always see people claim professions on mumsnet but there's so much bad advice given out on here it's comedy and then always shut down by a commenter "im a lawyer / doctor / etc." OP for what it's worth some lawyers turn down cases that others wouldn't - seek advice for your situation and don't take the word of random people online - most people (well me anyway) use this chat forum when bored but people do lie on here sometimes x

NamasteNiki · 05/11/2017 02:37

Yes, I really am and as I said several pages ago, the time limit has gone and I dont see any negligence. They couldnt have known she would progress so quickly and tearing is par for the course in child birth they are not liable for that.

I havent really noticed crazy advice backed up with I am a lawyer / dr but then I havent been around that long. I have seen lots of advice on this thread that she should sue but no one claimed to be a lawyer who said that.

madwoman1ntheatt1c · 05/11/2017 02:43

We were only able to make a medical negligence claim on behalf of dd2, not me, as we were not with the time limits for action on behalf of myself. I haven't seen anything that Namaste has said that hasn't been said to me in the last 8 or so years by our med neg team. But I have seen a lot of people on this thread chirruping about sueing when it isn't legally possibly for the op to do that at this point. Opinions about the fairness of that aren't really relevant. She can't sue. End of. So the cheerleading team is pissing in the wind.

Thetoothyteeth · 05/11/2017 02:54

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Arealhumanbeing · 05/11/2017 03:15

You have your child, how they got there isn’t important,

Yes it fucking is.

Bunnychopz · 05/11/2017 06:22

Your best bet is to write and complain so that the maternity unit know they’ve cocked you and it’s made clear they need to make changes

Snugglywithmycat17 · 05/11/2017 07:00

I’m sorry op but I don’t think this is really a traumatic birth (very close friend is a midwife and I’ve heard many birth stories working with postnatal women).
I don’t think the midwives did anything wrong and the worst bit was that u couldn’t find anyone (to be fair they were probably all busy birthing babies or dealing with a true emergency).
The trauma u felt is your feelings of being out of control, in pain and scared and that’s what u need to discuss and get counselling for.

Next time do hypnobirthing and get a doula so that u have someone by your side that can reassure u.
As for the labia it sounds like a normal war wound that needs extra care. Get to the gp and get it sorted. U may need to massage the scar too.
Suing the nhs would be silly, pointless and extremely stressful (I’ve sued someone before and it was horrendous).
Good luck u can change these things now and learn to move on from it.

deaddeadgood · 05/11/2017 07:07

Dont sue them. Write a letter of complaint to the medical director asking them to investigate to minimise it happening again to others

shhhfastasleep · 05/11/2017 07:33

“Get counselling “. Actually more difficult than you think.

SomethingNewToday · 05/11/2017 07:49

I think yabu op.

Labour hurts. Birth hurts. It's often scary the first time, regardless of what care you get and you may well have injuries down there afterwards - all normal.

Nothing in your post says 'traumatic' birth to me. You seem to be fixated on certain things like not being attached to a monitor - which is entirely normal. Your waters being intact until the pushing stage - hardly the hospitals fault and also normal. As is not being given gas and air or other strong pain relief in pre-labour.

If next time you're 'expecting' to be whipped in and admitted at 3cm dilated and given gas and air and waters broken immediately I think you're in for a disappointment.

Personally I think the only reason this has come up now after 4 years is that you've decided you'd quite like to go private this time and see the NHS giving you money as an easy way to pay for it. Bad luck on that front seeing as it's too late.