To sue the NHS over my birthing experience

[boomitscountginula]

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...

For those jumping on me for saying ‘you have your child it doesn’t matter how you got there’ I myself had a crash section under GA after 3 days of being left to labour alone on my back and was left with infections in myself and baby at the fault of the NHS as well as a hemmorage, so I am not dismissing traumatic labours at all and I know that in all honestly the NHS is shit a lot of the time.

I am saying after all of it, you have your child, a lot of people don’t get to bring babies home from hospital and it’s important to try to focus on the positives than drawing on negatives (I also stated I had PTSD myself linked to that birth so trust me I know how hard it is)

Childbirth is terrifying and I myself would not have got pregnant again if I couldn’t have an ELCS, but at the end of the day 4 years later in the scheme of things it doesn’t matter enough to need to sue them.

Tbh OP and I don’t care if people want to argue with me on it, it sounds to me like you just want to go private for your next one and have the NHS pay for it out of sueing them.

If you’re scarred though the NHS should repair it for free (they fixed me up for free when they messed up my c section so assume it’s the same for labia scaring)

If you’ve got PTSD from the labour you should also be entitled to some councelling and your GP will help (again free via NHS)

Sueing won’t fix your issues.

You should definitely have some counselling OP.

To pursue this would be a waste of your money, time and effort.

I don't know what I think would happen if I sued? I don't know what would happen if I made a complaint either?

You cant sue it has been 4 years and you have to bring a claim within 3. This is the now the 3rd time ive said this.

Nhs complaints should be made within 6 months. After 4 years it is extremely unlikely you will get a meaningful response as those involved may not even be there and / or remember.

You are better trying to move forward and get your injury seen too and getting an elective c-section for your next birth.

I don't think the midwives could be called negligent for not urgently reacting to a woman with 3cm dilation, contractions 6 minutes apart, and two birth partners.

This is really interesting to me...

I had a very similar birth experience to you, on the surface. I stayed at home for 8 hours of early labour, went to hospital, was popped in a cubicle and left for quite a while, being told they'd probably send me home as I couldn't be that far along. I was too calm. Everyone was 'fine' with me, but there was a sense of eye rolling and 'first time mum, eh?' about it all.

thing was I was hypnobirthing, and when they finally DID get someone to check I was 10cm, and clearly had been in transition since before I'd walked in the door.

I'd effectively transitioned alone, and was ready to push without any pain relief or monitoring, despite being in hospital for quite some time.

I was taken into a side room, and within the hour, DS was born - waters didn't break until moments before he was born. There was some nonsense with a senior sister insisting I needed to wear a HR monitor due to my BP, which meant I was pretty much 'told' I couldnt give birth standing as I preferred, and had to be on a bed. I climbed on, lay on my side and pushed DS out in 3 pushes just to spite her, I think now.

I also had a labial tear and graze with similar after effects, and just one stitch on each side, which Im certain was because I was 'asked' to birth lying down.

And YET - personally I found my birth a joyful and positive experience, that I would have done again the next day. I loved my son's birth - and please don't think I'm minimising your trauma, or being flippant - I wonder if the thing that made the difference, was the Hypnobirthing element - perhaps if you go forward with another baby, you could try that, and see if you find it helpful? If it goes to plan, it gives YOU the control of your birth, so you give NO FUCKS about people 'believing' your labour - you just do your thing, and get on with it.

I'm sorry you're so cut up about your last birth though; nobody should feel as you do.

I'm so infuriated with the amount of stories where women aren't listened to. Maternity and postnatal care is seriously lacking in so many areas: please do file an official complaint.

As pp have said, it really does matter how your baby got here. You matter. Mothers matter. Care during labour should be consistent, sympathetic and effective!

At the time you were examined you were 3cm. You wouldn't have a case on that because 3cm is not active labour. You'd also need to prove that your labia would not have been injured if they'd gone against the official guidance and admitted you at 3cm - very difficult because labial tears aren't uncommon.

Additionally, you're out of the legal time limit. All you'd be doing is throwing away both your and the NHS's money. What would you actually be seeking from a lawsuit? Can that be achieved through a debrief or complaint letter?

Sorry my internet is shit, my last comment is a combination of fucking virgin freezing up again and predictive text...

I'd also talk about the fear you're now getting if you became pregnant again OP. If you do manage to have a debrief and found yourself unexpectedly pregnant in future they could put therapy in place in during prenatal appointments.
I know you probably aren't thinking that far ahead and it might not be the same in every hospital trust but I was offered regular talking therapies after I came forward with my complaint with a therapist who specializes in birth trauma and PTSD.

Agree with the others who've said that suing is unlikely to achieve anything here. Two things that might be of use both now and for your future are 1) arranging for a birth debrief - you go through your labour/delivery notes with a midwife and talk through everything that happened, they can explain why certain decisions were made and what could have been done differently, and 2)see your GP and ask for a gynaecology referral to look at your labia. If it's causing you pain they may well be able to do something.

Nothing, not even going privately, can guarantee a good birth experience next time. An ELCS would avoid further perineal damage but there are other risks to consider.

At the time you were examined you were 3cm. You wouldn't have a case on that because 3cm is not active labour

That's not right as if the baby is back to back you can be mid labour but your cervix won't open the same way as a baby who is the right way round

You obviously need answers and support and I agree with all those who have suggested either a complaint (PALS) can advice you were to start and how to go about this! Or seeing if you can speak with someone trained to de brief you/ go through strategies to help you with your next pregnancy and birth. Even going through your medical notes with a midwife might help you understand what happened and ease some fears.

In terms of a lawsuit only you can decide what you think you should do. I agree with most that I'm not convinced there would be a successful lawsuit in this case as while I agree things were handled badly I'm not sure there is a clear case of negligence. But staying out of the moral aspects, there are lots of medical injury/negligence lawyers out there who could advise better I think some offer no fee consultations. Once you know if it's even possible you can decide if it's the path you want to follow.

At the time you were examined you were 3cm. You wouldn't have a case on that because 3cm is not active labour. it is if the baby is back to back.
plus the op asked for pain relief. to refuse that request is negligent imo.

You’re not automatically connected to a monitor when you’re in labour unless there is a reason to be. I gave birth 4 months ago and barely had a midwife in the room. I think you would be unfair to pursue suing the NHS. At 3cm and contractions 6 minutes apart no one would say that sending you home was a silly suggestion. They weren’t to know your labour would progress so quickly and they don’t have the staff to have someone with you constantly

What you went through was traumatic but birthing does present a risk of injuries. In an ideal world this wouldn't have happened. All births have the potential to go wrong.
This may not happen again, you could insist on a c-section. In the kindest possible way, sueing is not the answer OP.

I know your perception is of poor care but in terms of following fairly standard hospital policy, this sounds normal. It is uncommon for women to go from 3cm to fully dilated that quickly with a first baby and it is reasonable to ask a woman who is not in established labour to go home this is usually the best environment for early labour. It sounds as if there may have been a few instances where it would have been advisable to re-examine you but I don’t think this alone is grounds for a legal case. Unfortunately the labial tearing could almost definitely not have been prevented. What did your GP say about it at your 6 week check? Have you seen someone about it since? You may be able to have surgery to repair it on the NHS if it is causing you pain.

OP I think you're getting an unnecessarily and unwarranted hard time here.

I doubt these PPs would say to someone with PTSD "just be happy your baby was born healthy" and to get over it.

This sounds like an atrocious birth experience and I think at the very least you were within rights to have made an official complaint about the nurse/midwife who allowed this to happen.

Sympathies.

I was 3cm lunch time, when I was examined 6-8 hours later I was still 3cm. I was 6 minutes apart and feeling like I needed to push. So I actually did ask the triage to check again.

THATs when she tutted and said she was never wrong.

An hour and a bit later I gave birth...

I had a traumatic first birth. I swore I wouldn’t have a second without going private and I didn’t. I had all sorts of intervention I and my baby didn’t need during labour. My DC1 was damaged and will not be right without surgical intervention which he will get when he’s old enough. It was shambles. Part of what I endured was a n unnecessary and badly done episiotomy.

What no one counts in this country is just how profoundly damaging a badly managed birth is on a mother and her child and how that greatly affects them both.

Four years later I got private insurance, interviewed several consultants, found a fabulous one. I trusted her and she helped me to give birth with an early epidural and I didn’t tear one bit. No forceps no crash section. Just me and the person I trusted. I pushed for 20 minutes pain free. It was so healing. Just pay for the insurance. I chose the private after 32 weeks package to save money. The whole thing cost us under 2k. Best money I ever spent.

The NHS is a complete potluck. Some fabulous caring practitioners and some truly awful incompetent ones. The lack of continuity of care is one really glaring example. Go private. It’s not worth the risk.

I don't understand why you have waited four years if your experience was that bad that you are considering sueing the NHS.
I very much doubt that anybody involved in your birthing experience would remember anything.
I understand people who sue because their lives have been ruined when serious mistakes have been made but you have got a healthy child and a fanny that's different from how it used to be. Show me anybody who's given birth vaginally and I bet we all have a story to tell of how somethimg is different.
Childbirth can be traumatic.
I'm sure if you talked to your GP, and local midwife you would find them sympathetic and if you are lucky enough to fall pregnant again then I'm sure you would be well looked after.
If you want private care pay for it yourself. It's not fair to expect the cash strapped NHS to pay for it.
We are so lucky to have the NHS. If people carry on sueing, and taking huge advantage of the NHS by abusing it's services then OP when your DS becomes a father you may find there is no NHS left.
Get some counselling, and speak to people who can reassure you if you decide to have another baby.

It would be worth contacting PALS for a debriefing.

Quick births can be traumatic as there is little time to mentally process and adapt to the process. Timing optimal pain relief is often difficult, particularly for a labour that is progressing rapidly.

It is obviously far less than ideal that you were considered low priority on admission and didn't receive medical attention. (I had to wait an hour in a waiting room in agony just to get into a labour room with DS1 as the ward was heaving). The problem is that if there isn't the capacity to look after patients, the capacity isn't there.

Have you sought medical opinion about the tear and any possible action to improve it? Was it checked postnatally by the community midwives.

Suing would be unreasonable, but the birth has distressed you, presumably because you feel neglected. It is worth investigating it for your well being. I would suspect that a likely outcome is that the ward was full, your labour progressed much quicker than anticipated (first labours tend to be slower) and that there simply wasn't time for interventions to make you more comfortable particularly at the point that the junior midwife came to you. Understanding and acknowledging what happened is useful.

I'm so sorry that you had a traumatic experience OP.

For those saying that you had a healthy baby and that's all that matters - I've got to say as a midwife and a woman I find that thought really abhorrent - like the experience of a woman in labour doesn't matter? That's utterly in contrast to what being a midwife should be 'with woman'.

That said, OP, first you really need to complain to the unit you were in. Write down everything that you remember about your labour - what was said, timings, names if you can remember. Get your OH and mum to chip in what they remember but do it as a timeline.
Then write a complaint to the trust - either via PALS or via the maternity Matron and request to meet matron to go through your notes and experience.

I don't think that sueing the trust will
A) change anything in the maternity unit as it'll likely be dealt with at high level in the trust
B) actually get you anywhere as you may find that you may not have a claim to sue for
And C) and possibly most importantly, help you to emotionally and mentally deal with what happened to you.

With regards to your labial tear, it may be worth seeing your GP to request a referral to a gynaecologist as something may need to be done to help with any issues you may have there.

You poor thing! You should certainly put a complaint in. As others have said, the NHS can't improve if they don't know where they're failing. The midwife who dismissed your concerns should feel ashamed of herself and you should absolutely put in a complaint about her.

Don't diminish what you went through because you feel others have had worse experiences. There will undoubtedly be some women who have gone through worse but that's doesn't meant what happened to you isn't horrendous!

My heart really goes out to you. Don't forget you can chose which hospital you are seen at. So I'd investigate before having number 2, to see if there are any others places you could go. I'm not sure how you'd feel about it but what about a home birth? You're given two midwives and all their attention is on you. It sounds like you coped amazingly in the circumstances so with the right support at home I'm sure you could do it!

Best of luck OP x

You can't sue now as others have said but i wish you had done. I refused to have my dc on the nhs after seeing the smirking midwife in action at my friends birth who asked me sneeringly was it her first. Big brutal bitch she was. I am glad i had the option to go private and plan what i wanted. It makes me feel disgust when i see the attitude that women should be grateful for the crap nhs labour experiences. Not good enough and nothing will ever change until people sue them and sue them and sue them until they get it right. The smugness is all well and good from those who have already had their babies and apparently left their bad experiences behind them, i wonder would those glad their baby arrived anyway be happy for their own daughters to use some of the nhs maternity units in the uk today. Pathetic.

Ignore the people on here telling you the nhs is more important than your own experience and get counselling and do what you need to for your next. And make sure the nhs pay for it too.