Compensation for birth trauma PTSD

[User334567]

Has anyone been through a claim for birth trauma ? I had awful care in hospital after a traumatic birth it was mostly the care and neglect that caused my PTSD which I had therapy for. I went for a meeting and the hospital apologised and acknowledged the care wasn’t good and a plan for change. It was nearly two years ago (meeting 6 months ago) and I want to get the courage to ask a solicitor if I should pursue a claim for compensation. Any advice on if it’s worth it?

I went for a meeting and the hospital apologised and acknowledged the care wasn’t good and a plan for change.

Is that not enough?

How are you now OP?

@User334567 I had birth trauma after my first child, so I completely understand how you are feeling. But why would you claim compensation from a strapped cash organisation that have already apologised? Surely you'd want practices to change.
This compensation culture drives me insane and it's making people selfish.

What will the money change?

Why do you think you deserve cash for this? What is it going to solve?

Please don’t sue the NHS for this. They are a free at the point of care system and of course they aren’t going to get it right every time, for which they have apologised. Given that you have already had meetings and follow ups, it seems purely financial to sue them.

My sister had a horrific birth and awful aftercare with one midwife in particular. She also has PTSD and suffered a breakdown when she was having her second. All that being said she wouldn't seem of suing the NHS. At the end of the day it is a free service which we can access whenever we please. It is strapped for cash as it is and you want to sue? As others have said...what will this achieve when they have already apologised and changed practice?

Unless you or your child suffered actual physical harm which has resulted in the need for 24hr care, I would say no, don’t sue the NHS, it can’t afford it.

They have apologised. I think it is incredibly difficult to get money from them. I would say it isn't worth the time or energy. What would it achieve? How would you feel if unsuccessful i went to ombudsman to complain about how my son was treated. It took nearly a year and nothing at the e d of it but a long list of excuses. It made me even angrier. I sincry wish I had never bothered

Surely the apology and the hospital learning from mistakes is more important than monetary compensation?

OP, you're unlikely to get anywhere with that.

I assumed you want to sue in the basis that your experience has left you with a long term disability.

How are you going to evidence that your ongoing symptoms are a direct consequence of the birth experience and that you would have none of your issues if you'd recieve mediocre treatment as opposed to bad?

OP I would rethink this thread if I were you. You will get lots of replies basically saying that suing the NHS is somehow ‘unsporting’ and that you shouldn’t do it because they are cash strapped and trying their best.

Those of you saying what would the cash change? Well It would probably pay for a shed load of therapy for a start.

I haven’t sued the NHS but a friend did when her baby was left with preventable life changing injuries after she was neglected during labour. Suing was a difficult and traumatic process but she’s glad she went through with it because the money has allowed her to put things in place for her child’s care long term.

If they have apologised and you and your child are healthy then yes I think you would be unreasonable to try and take money from a free, underfunded, on its knees service in the middle of a global pandemic.

Why would getting money make you feel any better about your experience? Surely your concerns being acknowledged and receiving an apology would be far more beneficial?

I don't like emotional pleas on the behalf of the NHS. It is an organisation with responsibilities, that aren't always fulfilled. They are not above being sued if they fuck up.

Please don’t sue the NHS for this. They are a free at the point of care system and of course they aren’t going to get it right every time, for which they have apologised*

Sometimes the only way organisations can be forced to make changes is if they are forced to pay for their mistakes.

@IndecentFeminist

I don't like emotional pleas on the behalf of the NHS. It is an organisation with responsibilities, that aren't always fulfilled. They are not above being sued if they fuck up.

Agree with this.

Op, have you had to pay for therapy?
If it’s affected you so much that you have ptsd then yes it’s worth looking in to.

What would the money change? Would it make your PTSD better?

As above, the NHS is a free service which we should be grateful for. They are already underfunded. Had it been a private hospital you'd paid for then I'd have agreed you were entitled to compensation. However, the hospital have admitted they're at fault and apologised. Money isn't going to change the situation now.

You say you had therapy for the PTSD, presumably this was through the NHS? Surely that is compensation, that made a difference to you?

Sorry about your experience. I don't think you'll get anywhere with the the compensation, much better to put your focus into getting better and a court battle will be stressful. I was left brain damaged due to the fact my mum didn't get a C-Section quick enough and it has left me with a lifelong disability. Even my mum couldn't sue as there wasn't a bulletproof case.

The time limit is 3 years to make a claim so if you want to do it you have to do it soon. An apology and admission of less than perfect care is very very far from an admission of negligence though so do not assume that means you would win.

For all who are saying not to sue - read reports about the Shrewsbury maternity scandal and the cover ups that went on - right up to 2019
12 women and 40 babies died as a result of ‘mistakes’, hundreds more suffered injuries.

I understand where you are coming from. I had horrendous birth trauma and PTSD filling the birth of my eldest. It took a good 8 years for me to properly recover.
A family member pushed me relentlessly to sue the NHS but I just couldn't bring myself to.
What would the money change?
You would have to relive all the detail.
Youd be taking time, resource and money away from an already cash strapped organisation.

I think if you have accepted an apology etc., then it may be very hard to come back to his now. But if you think you need closure, then perhaps you should at least take some advice, even if that advice is merely to say don't do it.

But for those who are saying that people shouldn't sue the NHS because it has no money - there is a specific pot of money set aside for compensation claims against the NHS, and if all that money is not used up, it goes back to the government, not to the NHS. So suing the NHS has no impact at all on patient care. Even if that were not true, that is no good reason not to sue. By that measure one should only sue private companies with a strong financial position. And nobody should ever challenge the government in court, because the government hasn't been "solvent" in an age, so it wouldn't be fair making them spend money to defend themselves.

I had a similar experience except that my son was left with brain damage. I was advised by a solicitor that suing needed to be for harm caused and to help pay for treatment/ therapy. So I guess you'd need to evidence that?

You can speak to a solicitor free of charge in the first instance.

If the OP had said that she was suing a Private Hospital after mistakes they made caused her to suffer from PTSD, you’d all be falling over yourselves advising her to sue.

Brits are so weird!