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 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 !

If the OP has previous mental health issues (wholly conjecture on your part), it actually places a greater responsibility on professionals to mitigate against further harm, if anything it strengthens her case rather than weakens it.

The vast majority have said YABU but you're going to a solicitor anyway.

That's absolutely your prerogative but why bother asking 'AIBU?' If you've already decided you're not?

Why are people in this thread explaining that the NHS is a 'free' service (that we taxpayers should all be ever so grateful for)?
Surely we can assume OP knows how the NHS works and has taken this into consideration

Because we should be grateful for it! We are very lucky that people fought for us to have this. We should never take it for granted. But also, that doesn’t mean it shouldn’t be held accountable.

@Msmcc1212 no, we shouldn't be grateful. That is the wrong attitude for a public body funded by taxes

I disagree. I think gratitude is important. Otherwise we will take it for granted and it’s under threat. Gratitude shouldn’t mean accepting the unacceptable however.

Under threat?! From whom?!

[quote YawnyOwl]@Msmcc1212 no, we shouldn't be grateful. That is the wrong attitude for a public body funded by taxes[/quote]
Exactly. But this is why people put up with poor treatment. It's unacceptable.

After my experience I got myself and my family insured up the arse with private healthcare. The difference in attitude is staggering.

Why on earth should you be grateful for the NHS? Statements like this are just childish and one of the reasons it gets away with poor care. It costs a fortune and is one of the biggest employers in the world. It merrily crushes whistle blowers and covers its backside at every opportunity. It’s not some nice little homely charity.

I'm grateful and critical simultaneously. Most of us are capable of a few different sentiments at once.

I have had three children on the NHS, 1 experience was horrific, 1 was just about ok and 1 was fine.

However I have nearly lost my mum, twice, and my sister to NHS failings. So we need to keep our gratitude in perspective.

Leaving aside whether you should sue for a moment...

I think you'd have a much stronger case if there was a negligent action or omission in the birth, that had a clear effect, rather than trying to prove that poor after care caused PTSD. Given that PTSD is sadly pretty common after difficult births anyway, how would you evidence that it was lack of care and not the birth that caused it. At the most, I think the hospital would be partially liable, which would affect your legal costs, and even with a no win no fee, could potentially swallow up winnings (you'd need to check with them before going anywhere with the case what would happen if they were found 50% to blame).

Sadly, crap aftercare and lack of attention is unlikely to amount to clinical negligence unless there is something really concrete to hang it on. If they didn't give your and of your blood thinning medication that you'd been prescribed, and you nearly died from a blood clot as a result then that would be worth pursuing, whereas determining what aftercare is so poor that it is negligent is a much higher hurdle.

Interestingly, in my case it was actually a NHS consultant who advised me to sue, having seen me the day my post birth complications were discovered.

Not the consultant who fucked up obviously, but a colleague of his.

Not sure it's been mentioned OP but you have 3 yr limitation period so decide soon. If ptsd diagnosed you stand a reasonable chance. Seek no win no fee solicitor but don't leave too late cos noone will take on with only a few months til limitation expires

I am currently pursuing a complaint for PTSD caused by poor post-partum care. I’m doing it through the Parliamentary and Health Ombudsman where there is a £10k cap on compensation because for me it’s not necessarily about the money but there being a permanent record of the mistake made. They’ve gathered evidence from independent experts to discuss my individual circumstances as well as asking professionals involved on both sides for their opinions. However, my case is unusual because of my personal situation (hard to go into specifics as it won’t be resolved for another couple of months) and my local trust have made no attempts to defend themselves because there is no defence for the actions they took.

As for people who are saying that PTSD is not like a physical disability - is this really where we are in 2021 - that something that damages you mentally is seen as something to shrug aside. A diagnosis of PTSD is not something that is easy to get and can cause scarring as permanent as any physical injury.

One of the reasons I went ahead with my complaint was that I could see there was an Actual Systemic Problem there. We were readmitted and spent four days in SCBU as a result of negligent care. Over that four days I saw several other babies readmitted in similar circs. My bed was next to the admission cubicle so couldn't help overhearing...
The hospital must have been spending a fortune on SCBU that wouldn't have been needed if the HCPs hadn't behaved negligently.

@BuggerBognor no, it’s a pretty sad state of affairs when lack of funding and resource has resulted in this type of situation.

@FuckyouBrennan

If it wasn’t about the money why didn’t you lodge a complaint. What a load of shit. Enjoy your 10 grand if you get it. You’ll probably go onto have more kids with your free maternity care as well. Although you won’t admit that on here of course. *@JJXM* Make sure you lodge a claim for DLA too as you’re so convinced you’re now disabled!

I did lodge a complaint and the nhs noted that there had been an error but couldn’t explain the behaviour because the doctor and nurse had now left that Trust. I followed their response up with a request for them to look at my complaint again but they said exactly the same thing. I then went to the PHO who can only make recommendations and are independent. £10k is the top amount of compensation they can offer full stop and not how much I will receive - it’s usually reserved for death or serious industry. If I were to go through court then I would receive considerably more than £10k. An independent medical professional investigate all PHO cases.

I’m not sure why you are making such a dick comment about getting disability benefits for people with PTSD - would you treat an ex-serviceman or rape victim with PTSD in such a way?

The NHS is not ‘free’ and therefore I did not receive free maternity care. Just because it’s free at the point of service doesn’t give them the right to make serious mistakes without consequences.

Unless your PTSD is extremely serious and stops you working etc, you won’t get much. You have 3 years from the date of the birth to bring the claim if you do decide to.

Sorry you have suffered

It’s free at the point of service in that you didn’t hand over any cash to receive maternity care or to give birth.
I’m being a dick because, as a parent of 2 severely disabled children, I find it extremely galling when people take the piss.
A lot of people did not receive the care they expected, 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?

@BuggerBognor it’s not a stretch. More money = more facilities, more beds & bed space. You wouldn’t have an admissions desk right at the side of a patients bed.