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?

Speak to a lawyer. If you think there were medical professionals at fault, absolutely sue.

The danger of all of this is that women are told “you’ve got a healthy baby, consequently you should put up and shut up.” Maternity care in this country has systemic failings, unfortunately, being sued and lots of fuss is what will make politicians take note and fund properly.

@Autumnsun1985 and @Worldwide2
Thank you both. I don’t want to derail the thread... but sometimes posters assume a certain degree of poor care by the NHS but have no idea how bad it can be.

And the thing is, the birth matter and my own very almost death (before I went under anaesthesia I had to be ventilated while awake) I asked if I was going to die. There were about 40 people in the room. The consultant who’d said no to my request for a c-section was doing the op.
She looked at me and didn’t answer.
So I asked “what are my odds” and she told me she’d lost one woman in 9 years and didn’t intend me to be the next one.
I went on the ventilator thinking this is the most horrible fucking way to die (I didn’t care about dying before that given the loss of my DD)

So wear your masks etc!! Ventilation is horrific!

But to the OP, if I sounded harsh it’s because life has made me this way, and I had legal jobs for years, so I do see why some are saying it’s tough to win (me included).

Speak to a solicitor- you’ll get a good ear to listen and know your chances within a day or two.

Ps solicitors won’t touch my case - I’m solely going on the sexual abuse because that was planned, deliberate and cruel as was the hospital response (I’ve got written evidence of their collaboration in hiding it). I’m doing it myself

Have you discussed this with your therapist? I’d be most worried about the distress this process could cause you.

We can’t have it all, free service/expect it to be good/then sue when it’s not. About time we recognise that we have to start paying

OP-I’ve been in your shoes, best advice is to continue to seek support.

It’s not a fucking free service

@VintageStitchers

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!

We’re not really particularly weird because any compensation paid by the NHS is taxpayers’ money and means less for healthcare.

Krazynight I am so so sorry to hear what happened to you. That was an absolute trauma you experienced. I pray that you one day have justice for what you went through. I wholeheartedly agree with you that if something is free, we need to be grateful for bad treatment. Sending you hugs.

Just because a service is “free” doesn’t mean it shouldn’t be accountable. You have every right to sue and shouldn’t be shamed into not doing so. You are holding people to account for failures.

I can’t help with the specifics but I wish people would stop with the bullshit ‘oh but the NHS IS WONDERFUL and cash strapped’

Firstly, they do fuck up. And it’s not acceptable.

They are also insured and have a pot of cash for their fuck ups.

I wish you all the best. I hope you find peace through whichever means helps you.

I had something similar and I didn't even consider suing and taking money off the NHS.

I have had 2 very traumatic births - the first I received compensation for because the consequences of poor decisions made resulted in life changing injuries to my dd, that requires her to need a lot of medical equipment and adjustments made to our house, the car we needed etc - the compensation was to cover this, nothing more. We didn't profit. It was reimbursement of a financial loss (and future loss). Any amount of money they offered to cover the stress would have been a slap in the face, as there is no number they could have named that could have possibly made up for the quality of life dd has had. Its not what compensation is for in any regard.

My second traumatic birth affected me only, and we didn't/couldn't in the future suffer financial loss so compensation wasn't appropriate. I was offered counselling, including a counsellor and midwife talking through the birth with me. A meeting was also held to work out what went wrong, what could be done to prevent it in tbe future and an apology was given, and I am fully satisfied in how it was dealt with. No point in flogging a dead horse.

I would only pursue this if you feel their response was inadequate and wasn't dealt with properly, but I certainly wouldn't be pursuing it in regards to compensation unless you have actually suffered a financial loss. They can support you in other ways, for example counselling if you are finding it difficult to cope afterwards.

Would the birth have gone smoothly with no problems, if you'd gone through pregnancy and birth by yourself and not used NHS resources?

I used the NHS on behalf of my son because the person delivering him actually caused injury to him that resulted in a lifelong disability. The money is in a trust for him and I have zero regrets.
It is not quick and it is not easy. It took years to get the compensation my son deserved but if your experience has left you in a terrible position, it's not unreasonable to seek more than a 'whoops, sorry.'

Used = sued

PTSD is harm! What about having to attend counselling sessions, inability to work, maybe, loss of sleep, of family life, of normal enjoyment of everyday events? Of fears that friends and family simply cannot understand, because they didn't suffer the trauma?
To berate the OP for "taking money from a cash strapped NHS" is disgusting.
OP, if you think you have a case, seek legal advice. And keep records of all the ways the event has impacted on you mentally, socially, financially and physically.
Good luck x

Screwing money out the NHS is really going to improve everyone else's experience. Why not donate rather than sue.

THE NHS IS NOT A FREE SERVICE

We pay for it through our tax and NI contributions. It's only free if you don't pay any tax or NI!

There's nothing wrong with suing the NHS. If your claim is not deserving you won't win and you will not get any money. If you win, you have suffered a loss that deserves compensation, to be used for whatever would help you to deal with the harm caused. There is money set aside for this, it is not taking away from clinical services. If an individual doctor is at fault, they have their own indemnity insurance to cover them against mistakes or malpractice. And unless we complain about bad service, the funding will never improve.

We can’t have it all, free service/expect it to be good/then sue when it’s not. About time we recognise that we have to start paying

Well most of us are paying. If you aren't you should find a job and start paying tax, if you feel that strongly.

Saying it's free is like saying car insurance is free... everyone pays something but only some get a payout. Does that make it free? Of course not.

@EveryDayIsADuvetDay So by your logic the way women and babies were treated in the Shrewsbury maternity cases is all good then?
Ivy
@Zig4zag Litigation is a driver of change to safer working practices which will benefit future patients.

There is money set aside for this, it is not taking away from clinical services

Where does the “set aside” money come from? It’s taxpayers’ money however you wrap it up.

I applaud people who sue when they incur costs as the result of any injury caused by negligence or incompetence, it’s the right thing to do.

It’ll be tough but if you have suffered badly due to their incompetence and it has cost you financially e.g. loss of earnings then yes.

That’s what insurance is for.

It’s so sickening that so many negligent health ‘professionals’ are allowed to continue practicing after being responsible for leaving families bereaved, traumatised and often babies are left with life changing injuries.

There’s always some excuse for it. It doesn’t matter if it’s the NHS...if people behaved like that in any other sector they’d be fired and put in jail.

@Zig4zag
Who donate?
The OP??
If you mean the NHS - tell the NHS Resolution that’s an option... see what the response is.
The NHS let’s women down all the time and of course women are supposed to shrug and say well, let’s hope they don’t do it someone else.
A couple of days after my daughter died I was told to have another baby as soon as I could.
How’s that for patient care

What @SnackSizeRaisin said.

Honestly, I despair at some of the ignorance on this thread about the purpose of compensation and the basic standards the NHS owes to all users. The fact that it is (largely) free at the point of use is completely irrelevant.

OP, if the NHS has breached its duty of care to you and caused you harm then you are entitled to sue. However, bear in mind that litigation is stressful and will force you to relive your experience. to you.

Suing the NHS will make them more aware that they need to implement changes. Is so much easier to forget when there was only an apology...
I'm sorry for your experience and be strong in your further endeavours.