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?

It's a tricky one, I feel. Morally it's probably better not to sue. However it's legal to do so and they're likely to just settle out of court rather than go to the expense of fighting a court battle. So, really, it's up to you OP- no one here knows you, your story or your circumstances, so no one is in a position to judge.

Would I sue? I can't say, because I'm not in the situation of having to, and it's easy to moralise from a distance.

www.google.com/search?q=medical+negligence+solicitors&rlz=1C1VDKB_en-GBGB944&oq=medical+ne&aqs=chrome.1.0i433j0i457j69i57j0i402j0i433j0l5.5477j0j7&sourceid=chrome&ie=UTF-8&dlnr=1&sei=5bJNYJzUCYiugQb-zYuQCg

Hey OP. I did this search for you. I've requested a solicitors advice too about a year ago. The most comprehensive response I got was from Irwin Mitchell which are I think the second ad showing up on the search. ALL the solicitors replied saying no basically, but my case was different. I was prescribed antibiotics and not given them, I was left in a freezing cold ward and developed pneumonia. I discharged myself and went to another hospital where my temp was 104.5 on arrival. I was about 6 days in hospital. I can't remember the exact replies I got from the solicitors, but they were along the lines of
Proof of negligence
Proof of loss of earnings
The hospital in my case also replied along the lines of 'the nurse has apologised, but the antibiotic prescribed was not available on the ward'. What had actually happened, was she told me repeatedly that I was not prescribed any antibiotics.

Just google medical negligence solicitors and send them all off the same email requesting whether you have a case or not.
You really need to be able to document neglect and and financial loss.

Best of luck and I'm sorry you had such an awful time. I too had one traumatic birth and never went on to have more children. I was unable to work for months and it keeps coming back to haunt me.

In my experience the hospital will lie, lie, lie, lie and lie again. It can be utterly frustrating. Have you got your hospital notes yet?

The solicitors all responded within about 48 hours, some sooner.

I would go with no win no fee solicitors only. They set a high bar - if they don't think they're going to win, they won't take on the case.
Of course, if you had loads of spare cash, you could hire a solicitor who specialises, but charges. I didn't have the money to pay.

@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.

I also agree with this.

Honestly, I don't mean this unkindly but you sound like someone that might have struggled even if all this went smoothly.

I nearly died because the NHS missed something very serious for 6 days. My aftercare was appalling.

I complained through PALS. Changes were made to practice because of it. That is enough.

I think it's different if a birth trauma results in something like cerebral palsy where the compensation money can pay for housing adaptations, OT, physio and respite but just you were in unhappy in hospital after a stressful birth is not a medical negligence claim.

I work in customer complaints. An organisation may only change when it gets hit in the wallet. On the other hand, an acknowledgement or apology is what most complainants actually want, and if organisations are too scared to apologize in case they get sued, that means lots of unhappy complainants.

I think it's different if a birth trauma results in something like cerebral palsy where the compensation money can pay for housing adaptations, OT, physio and respite but just you were in unhappy in hospital after a stressful birth is not a medical negligence claim.

So we need to have our children permanently damaged to receive compensation for negligent care?

@User334567

Very sorry for your misfortune in regard of giving birth etc,

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?
Sorry to say it but I think your timing and thought process is very problematic to say the least !

How much did the Nurses who put their own lives on the line?
How much of a pay rise have they received then?
I tell you what it is shall I
Hardly fuck all !
That's what !
Absolutely disgraceful it is !

And you want a massive Compensation deal do you after NHS workers put their own lives at risk etc ect !

and even ones those nurses who died working to protect us our nation.

@User334567
I’m sorry you had such a crappy experience.
From personal experience I’d have a read of the below.

All I will say regarding perusing compensation is you need to take into account the following.

1. Are you strong enough to go through the process, it’s emotionally draining and you will have to relive every second.

2. Have you ever had any form of mental health illness before, they will comb through your Medical records and this will be challenged against your claim.

3. The compensation for mental health is very low unfortunately.

4. you have to be prepared for there solicitors to push back and challenge everything you say. Unfortunately it’s there job and it’s exhausting having to go through and respond to every point that they push back on.

If you (or baby) were physically harmed as a result of negligence, mistakes or care out with the standards laid down by the NMC or GMC by a specific midwife or doctor, you can report the concerns to the regulatory body. (NMC - midwife. GMC - doctor)

This could end their career, but (and I’m a nurse) if a practitioner is dangerous and unsafe, they need their fitness to practice reviewing.

However, it sounds like the hospital will have made efforts, and hopefully that is enough.

As much as the NHS doesn’t need sueing, significant breaches in care do need to be addressed. We don’t want any more situations deteriorating into the likes of mid staffs, morecambe bay etc

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

You did see where the OP said it was nearly 2 years ago - so pre-pandemic. And even in the midst of a pandemics people are entitled to competent care, the deification of the NHS doesn’t change the fact that people sometimes get it very wrong indeed.

Sorry to say it,but I do thing you are the type of person of who could have or would have struggled with mental/emotional health well being issus of some sort or severity ,
even if you had a relatively smooth birth text book experience.

I have to be honest here,
I do think sense that sometime in the past maybe in the recent past
I think you may have had to have mental emotional well being support services in some way or other whether it was just recieving medication or having to be hospalised for your own personal well fare ect or even if like what often happens and you just slipped through mental health welfare system, that you just to struggle on your own type of thing,with undiagnosed mental emotional health issues /struggles on some kind or other !

I just feel sense there is a lot more to this post thread of yours than what you are really letting on,

I think what you are not revealing about yourself in regard of your mental health being struggles ,

In the past,
A looong time before you ever gave birth,

Speaks volumes !

I do not think you are saying the whole truth about your mental health struggles for obvious reasons ,
as it would reflect on peoples perceptions on your thoughts on considering taking a massive claim competition against the NHS.!

Your baby was not thankfully disabled in any way etc.

[quote thosetalesofunexpected]@User334567

Very sorry for your misfortune in regard of giving birth etc,

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?
Sorry to say it but I think your timing and thought process is very problematic to say the least !

How much did the Nurses who put their own lives on the line?
How much of a pay rise have they received then?
I tell you what it is shall I
Hardly fuck all !
That's what !
Absolutely disgraceful it is !

And you want a massive Compensation deal do you after NHS workers put their own lives at risk etc ect !

and even ones those nurses who died working to protect us our nation.[/quote]
Are you for real?

I'm a carer. It's been horrible.

But guess what, there is one person in the care facility who has received appalling care. I've complained myself. And I support their family in taking it further. I hope they do sue.

So we should all accept sub par care?

When I decided to do what I did, I had people tell me "we've all had bad nhs experiences, that's just how it is".

No. That shouldn't be the case. And it will never change unless people fight and challenge them.

Oops Typo mistake
I ment to say you thinking of taking a massive compensation hit financially of the NHS ( financial strapped as it is.

Sorry you went through this but I don’t think you should look to sue the NHS. Just because you can doesn’t mean you should.

@Countrygirl2021 despite your intentions, what you have said is incredibly unkind. OP is understandably feeling vulnerable, and you suggesting she seems the type to "struggle" anyway is cruel. Perhaps a comment you could have kept to yourself.

[quote thosetalesofunexpected]@Heysiriyoutwat

Yea I am for real !

The NHS trust said sorry and arknowelged, this by saying they will implemented positive constructive changes in response to the experience that op had,in regard of her negative experince of giving birth.

Also NHS have justly and obviously rightly so provided Therepy sessions for op.

Also when op gave birth,
thankfully her baby was not disabled in any way due to her recieving negative experience.

So that is my thoughts on this matter !

I do sense feel op
is somehow not giving the full picture in regard of her mental/health struggles

I think there is a lot op is not revealing about this aspect too!

I think there is a far more to this post than op is really letting on

I think she has or might have had long term or off and on sporadic /on going mental/emotional health issues of some sort in the past ,
a looong time before her negative experience of giving birth under the NHS hospital.[/quote]
Oh come on, no changes are ever made.

I've sat in meetings with residents families where that line has been trotted out. Sometimes they are even shown a plan of the "implemented" changes which are never actually put in place.

The families and the patient leave the meeting, a huge sigh of relief is breathed and it all carries on as before.

I've worked in nhs rehab facilities, nhs mental health units, private care homes. I've seen more complaints than I can count but nothing has ever been done.

@Heysiriyoutwat

I also think op mental/emotional well being issues could have or might have , been,were of some sort of severity in the past before her negative birth experince !

Like I said before, there is I think a lot more to this post than op is reaveling to us, that's all I am saying

Speak to a solicitor as there is a time limit on being able to bring these claims. I would also step away from mumsnet as the majority here are extremely protective of the NHS, a position I frankly disagree with as well. I don't think that just because it's free, it's ok for it to be shit.

@thosetalesofunexpected

Sorry to say it,but I do thing you are the type of person of who could have or would have struggled with mental/emotional health well being issus of some sort or severity , even if you had a relatively smooth birth text book experience.

I have to be honest here,
I do think sense that sometime in the past maybe in the recent past
I think you may have had to have mental emotional well being support services in some way or other whether it was just recieving medication or having to be hospalised for your own personal well fare ect or even if like what often happens and you just slipped through mental health welfare system, that you just to struggle on your own type of thing,with undiagnosed mental emotional health issues /struggles on some kind or other !

I just feel sense there is a lot more to this post thread of yours than what you are really letting on,

I think what you are not revealing about yourself in regard of your mental health being struggles ,

In the past,
A looong time before you ever gave birth,

Speaks volumes !

I do not think you are saying the whole truth about your mental health struggles for obvious reasons ,
as it would reflect on peoples perceptions on your thoughts on considering taking a massive claim competition against the NHS.!

Your baby was not thankfully disabled in any way etc.

What exactly is a 'type of person who could have or would have struggled with mental/emotional well being issues of some sort or severity'?

That basically describes all human beings.

OP I truly am very sorry about your experience and it’s so important that the NHS continues to learn from mistakes.

In response to some PP talking about it being just another organisation. The NHS is the only health service paid for entirely by tax payers money and free at the point of delivery. Prior to this if you were poor you died earlier and suffered terribly. It, however, absolutely should be held accountable and serious complaints are taken very seriously in my health board and the vast majority of my colleagues and their managers strive VERY hard to provide the very best service possible despite never having the right amount of staffing. The money may be set aside in a separate pot but that still means there is less for other pots - like the department in question. There is a finite amount of money.

OP if you truly feel it will help you to sue them do. But do it only if you know it will help you and others. It will be a hard slog and may take a further toll on your mental health. The lawyers on their side will not make it easy for you.

Wishing you much happiness and joy in the future regardless of what you decide

Also NHS have justly and obviously rightly so provided Therepy sessions for op.

Presumably it’s their job to care for someone’s mental health, it’s not like they’re doing her a favour.