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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Compensation for birth trauma PTSD

275 replies

User334567 · 13/03/2021 14:28

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?

OP posts:
Original poster
User334567 · 14/03/2021 20:34

I don’t quite understand the weird competitiveness in the replies .. just because your babies disabled or your physically hurt and haven’t sued doesn’t mean I can’t ? That’s your choice. Don’t try and minimise what I went through @Wondermule You sound like a disgusting person who has no understanding about mental health problems. If you saw what state I was in and what the care was like on the ward maybe you’d understand. An apology might be sufficient to you but it’s not to me.

@oakleaffy
So my mental health is not important ? My bad care doesn’t matter because my baby didn’t die ? Get lost.

@thosetalesofunexpected

Another horrible person - You weirdly know a lot about me don’t you? I’ve never been sectioned before ....I’ve been on antidepressants since my teens for on and off depression it’s quite common isn’t it. Why would it matter if I did have mental h problems anyway ? Such a weird reply.

I’m not posting after this I’ve made my decision based on the supportive replies I’ve had - the rest are just nasty so don’t mean anything to me . I will be making a claim if the solicitors think I have a case. Can people stop minimising my trauma just because my baby is not disabled you have no idea how awful my care was. Not only that I was never booked in for a very important appointment with a consultant to check my physically and answer all my questions about the birth apparently “fell through the cracks” I got told nothing about what happened to me which made my PTSD worse and had to wait a year for answers for a birth reflections app. Had I had a normal birth and been in and out of hospital quick this wouldn’t of happened why would I of developed PTSD from a non traumatic birth ? Some of you really need to do your research on PTSD and realise how awful and life changing it is. The maternity care on the nhs is shocking and it’s not acceptable, trying to guilt me saying they have no money means nothing to me.

OP posts:
Nith · 14/03/2021 23:19

I really hate this compensation culture. So grabby and vile. Money will not change your experience. It will not right any wrongs. It will not change the fact your are suffering mentally. So why?

This is so ridiculous. @FuckyouBrennan, if your children's disabilities were caused by someone else's negligence, you would be seriously failing them if you really wouldn't sue for compensation. Sure, money wouldn't take away their disabilities but isn't it obvious that it would make their lives very much easier? Are you seriously telling us that you wouldn't sue if that were the case?

Nith · 14/03/2021 23:23

I do think however especially in regard of the hit covid 19 pandemic health crisis the impact it has had obviously on the NHS and on the Gov uk resources

Why on earth are you even thinking Consirdering giving out another hit financially to a extremely cash strapped NHS then?

Maybe because it will make no difference at all to the NHS's funds, @thosetalesofunexpected? As has been pointed out by several people on here, money for compensation is set aside in a separate fund. If it doesn't get used, it doesn't go into the NHS, it goes back to the Treasury.

All that emotive stuff about coronavirus is totally irrelevant and unnecessary.

Wondermule · 14/03/2021 23:37

Why start an AIBU thread OP if you’re just going to hurl abuse at anyone that disagrees with you?

lalafafa · 14/03/2021 23:49

You’ll probably go down the no win no fee route, most solicitors won’t take your case on unless there’s a very good chance of winning. You’ll get a small percentage of what’s awarded to you if you win, the rest to the solicitors. If you’re on benefits they’ll be affected too.

Silverandgoldsparkles · 15/03/2021 00:20

I rang around a few of them. Some of them have forms on their websites where you just request a call back - they'll call back quite quickly. I wouldn't just contact one. I contacted about 5. All 5 said I had no case. The unanimity of their verdicts was enough for me to eventually let it go.

It will be a difficult case to prove - so don't get your hopes up too much. The bar is set very high to prove medical negligence. It's utterly shit, but medical negligence is all too common. They may advise on alternative routes to some sort of justice if they don't take the case.

Silverandgoldsparkles · 15/03/2021 00:23

If nothing else, I found them all to be sympathetic and kind when listening.

Nith · 15/03/2021 09:49

@lalafafa

You’ll probably go down the no win no fee route, most solicitors won’t take your case on unless there’s a very good chance of winning. You’ll get a small percentage of what’s awarded to you if you win, the rest to the solicitors. If you’re on benefits they’ll be affected too.
Other way round - the solicitors may get a small percentage, but in practice if you win the other side would normally also pay your costs.
TankGirl97 · 15/03/2021 10:02

If you think you have a case, it's worth contacting solicitors to discuss it. Just be aware that we don't have a US style system where you prove they failed in there care and are awarded a financial settlement. Here, you need proof that you need ongoing care/treatment and are financially worse off because of their failure. It's something you can only get clarity on by discussing it with a solicitor.
Whilst I agree the NHS is cash-strapped, if they failed in their care for you, you should absolutely have the right to sue them.

lalafafa · 15/03/2021 18:30

Nith you have to take out insurance to cover your costs, about £500

Msmcc1212 · 15/03/2021 20:08

it doesn't go into the NHS, it goes back to the Treasury.

Which holds public money which is used for public services such as the NHS...

MatildaTheCat · 15/03/2021 20:18

@User334567 I have successfully sued for medical negligence and incorrect consent. You can pm me if you want to discuss.

Nith · 15/03/2021 23:25

@lalafafa

Nith you have to take out insurance to cover your costs, about £500
That's insurance against the possibility of having to pay the other side's costs and not recovering your own from the other side. The other side would still normally be ordered to pay if they lose.
Cloudyrainsham · 15/03/2021 23:32

I had a similar experience. It was years before I felt mentally that I could have another child so I have a big age gap.

They have insurance and that’s what it’s for if you did sue.

notapizzaeater · 16/03/2021 08:24

@lalafafa

Nith you have to take out insurance to cover your costs, about £500
If you've legal cover with your house insurance they might cover this - I'm with More Than and they cover clinical negligence up to £50k.
needsahouseboy · 16/03/2021 09:01

I work in NHS and very traumatic birth and very nearly died due to negligence. The Dr was struck off the GMC.

I sued. My life was changed and I had PTSD and PND. I lost out on promotions due to being off sick for 10 months as the flashbacks were so bad. Even when I did manage to go back I could not work in some areas for some time, again affecting promotion opportunities with a knock on affect on my pension. I also had to leave the area I worked in, in the end as I could not cope with constant flight or fight response I was coping with daily.

It's taken me 10 years to feel anywhere near the person I was prior to this. The NHS has insurance companies.

I used www.avma.org.uk/ and they were very good at finding me the right solicitor to deal with it.

Greenmarmalade · 16/03/2021 10:29

@needsahouseboy I’m so sorry that happened to you.

Greenmarmalade · 16/03/2021 10:31

@User334567 fantastic response. The more women complain/sue/publicise substandard maternity care, the better. Only then will it start to improve.

Haenow · 16/03/2021 11:32

As a result of a mistake a doctor made, I was critically injured, in multi organ failure and on life support for some weeks. I’ve been left permanently physically disabled and I have PTSD. I incurred costs from no longer being able to work full time. I chose not to pursue because I knew I couldn’t cope with it. The clinic has changed their methods as a direct result of what happened to me, so I receive a lot of comfort knowing it won’t happen to anyone else. The doctor was distraught, usually very skilled and competent and we had a good relationship. It was a terrible error in her judgement. Even though I have been left physically and psychologically damaged and chose not to pursue, I still think the OP has every right to explore this avenue. Flowers I didn’t feel strong enough and too many years have passed. I wish people wouldn’t judge so harshly. Every situation is different.

needsahouseboy · 16/03/2021 13:33

Greenmarmalade thank you. My trauma was made worse as I knew I would die if someone didn’t do something. I was a trauma nurse at the time.

It’s very hard to come up terms with and people too easily go ‘it’s just north sometimes it’s horrible’ and they shouldn’t.

Women should kick up a fuss. We live in a very misogynistic society and I feel this is why births etc are so pushed aside and not bothered about.

needsahouseboy · 16/03/2021 13:33

Birth not north!!

Crazycrazylady · 16/03/2021 13:59

Op
Absolutely you should sue if you feel your care was sub par and resulted in injury to you, However from what you've said it sounds like your case would be very difficult to prove ie I doubt there is a record of bed changings or lack of etc plus the fact that you have had life long mental health issues means that it will be harder to prove that this particular episode caused your ptsd so I'd be very wary of racking up large legal fees pursuing this unless you absolutely can afford it or you could be hit with large legal fees and not much else.

hardboiledeggs · 16/03/2021 16:28

I completely sympathise with you and i'm sorry you had such a hard time of it but money wont fix anything. The NHS is on it's knees, suing them will only cause further cut backs and more potential for something like this to happen more often. 100% report it but if you sue for money your only looking to line your pockets and you know it.

gutful · 16/03/2021 16:31

Have not had a child but see birth as an inherently risky & traumatic experience.

Wondermule · 16/03/2021 16:57

@gutful

Have not had a child but see birth as an inherently risky & traumatic experience.
This is true, there is a tendency on here to describe any birth that involves instruments/Caesarian section (or even just pain!) as traumatic.

Given only half of births are spontaneous VBs, I would say it’s quite routine to anticipate intervention.

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