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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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?

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BuggerBognor · 14/03/2021 18:46

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Wannakisstheteacher · 14/03/2021 18:47

I nearly died due to negligence during DD’s birth. I still didn’t sue. You know why? Because I wasn’t going to take money from an organisation that can’t afford everything it needs to as it is. I got an apology and moved on.

BuggerBognor · 14/03/2021 18:48

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Msmcc1212 · 14/03/2021 18:49

I work in the NHS and have had care from it. The services I have worked for have always been totally focused on providing the best care possible, in the most effective and efficient way possible. I’ve had the fortune to work with many incredible, knowledgeable and dedicated staff, most of whom put in way over and above what they are paid to do.

I have also received excellent care historically and recently. Excellent care. For which I am hugely grateful.

It’s both/and. We should be grateful that we can all access healthcare when we need it regardless of our financial situation. It’s a luxury that many in other countries would love to have. In Europe much of what you receive id free at the point of delivery but you do have to pay directly for some things. Example - friend had to pay for something recently in France.

AND we should hold it to account and demand that the service is at least good enough but aiming for excellence.

I’m saddened that some people have had poor care. It does happen - I’m not naive -but you don’t hear about the millions of satisfied patients who have nothing but good to say about the care they have had.

I also think the set up in England is different and this makes a difference. Here in Wales, most services aren’t put out for tender to be provided by independent companies in the same way as some are in England. From hearing some experiences from friends in England this can lead to disjointed care I think. My experience in Northern England of healthcare for an elderly relative was pretty poor to be fair, so may be there is a difference across the border? I doubt it’s that clear cut. There is good and bad practice everywhere but the good far outweighs the bad - it’s just not as noteworthy when things go well. It’s when things go wrong we notice it more - understandably.

And thank you to the PP who called me childish. I thought that was quite ironic and it made me smile. Smile

FuckyouBrennan · 14/03/2021 18:50

@Wannakisstheteacher

I nearly died due to negligence during DD’s birth. I still didn’t sue. You know why? Because I wasn’t going to take money from an organisation that can’t afford everything it needs to as it is. I got an apology and moved on.
Thank you for posting this.
FuckyouBrennan · 14/03/2021 18:51

@BuggerBognor

I find it extremely galling when people take the piss.

Righto, so when your bungled delivery results in a damaged child needing 24/7 care at home, which the NHS don’t provide, you just jack in your well-paid job, lose your home (apologise to the other kids, obviously) and - what - go on the game while your partner is at work? Never mind love, at least we have universal healthcare eh?

What an absolute crock of shit. Of course you’d sue and of course PI insurance would - and absolutely should - pay the additional costs.

Can say without a shadow of a doubt no, I would not sue. As I said, my children are severely disabled. I haven’t sued anyone.
NuclearDH · 14/03/2021 18:52

Depending on the ward you could easily have an admission/triage cubicle next to an inpatient bed. Where I worked we had a 5 bed triage ward but when the main ward was busy we’d overflow inpatients into the triage ward and just use 2 or 3 beds as triage beds.

Plus 6 bedded wards with about 3ft between beds and some flimsy curtains so no confidentiality.

Plus been told to stop doing shift handovers in the staff room but now have to do them at the nurses station to “streamline” handover.

IndecentFeminist · 14/03/2021 18:52

Apologies mean jack shit. An organisation that repeatedly has to pay out gets noticed and is more likely to be reformed than one that can sweep all its failings under a rug with an 'apology'.

IndecentFeminist · 14/03/2021 18:52

Are the severely disabled because someone fucked up?

trixies · 14/03/2021 18:55

Speak to a solicitor.

I took advice from one a few years back after 4 months being fobbed off by GPs meant a lifesaving hysterectomy was necessary and I was childless and menopausal at 32. The advice was that I had a high value case but would have to ensure perhaps years of court proceedings. I didn’t go for it in the end, partly because I couldn’t face it and partly because there was a stigma involved of suing the NHS.

I’m not adverse to compensation claims but would strongly suggest seeking a free consult from a medical negligence solicitor.

FuckyouBrennan · 14/03/2021 18:56

@IndecentFeminist one of them is yes

Msmcc1212 · 14/03/2021 18:58

Oh and I’m not suggesting we should be grateful for poor care. Grateful to have a health service that everyone benefits from regardless of wealth. If you have received poor care it’s absolutely the right thing to flag this up and raise a complaint.

IndecentFeminist · 14/03/2021 19:00

And you haven't incurred any costs for that, ignoring the obvious trauma that in itself is a cost? Flowers

Wondermule · 14/03/2021 19:03

I don’t understand which part of your care was that bad Op? It sounds like you had a very difficult birth (bad luck more than anything) followed by some pretty understaffed aftercare, which sadly is the norm for most women with our overstretched NHS.

Childbirth is what it is - it is in its nature quite traumatic and very painful. I do blame the hypnobirth types, who sell it as some kind of out of body magical experience.

You and baby are physically well from what you have said, with no ongoing medical needs, so an apology should be sufficient. Keep attending counselling.

FuckyouBrennan · 14/03/2021 19:08

I don’t work now; they both need 24/7 care but it’s my youngest who is disabled through fault so I was already caring for my eldest son full time.
We pay for weekly & fortnightly private therapies for them both as some of the NHS ones, whilst good, are sporadic and they both need various regular therapies.
We’ve provided resources at home from our own money that they both need and that help them with daily life.
We applied for DLA when my eldest started at nursery as when you do, the nursery receives a fee towards their care, so we felt it was beneficial all round. What he gets doesn’t cover even 1 of his weekly therapies.
It is emotionally difficult and there is a sense of loss; for the life he won’t have and for the plans and hopes you make for your unborn children, but no amount of money would change the fact this is our reality now and I wouldn’t feel that taking money from a service which is already struggling would prevent this happening to anybody else’s child.
Everyone’s situation is different but I focus my time and energy and emotional strength on caring for my boys. It never crossed my mind to pursue any financial compensation for what happened.

DancingQueen85 · 14/03/2021 19:11

The majority of people on this thread have suggested that you don't sue but it sounds like you are intending to do it anyway.
As others have said giving birth is a very risky business and can often lead to trauma. Perhaps you would have had the PTSD without the poor aftercare, many do and from what you've said I'm not sure how you would prove that it is as a result of negligence.
I have experienced a traumatic labour with both physical and mental after effects. Some of the aftercare felt pretty poor at the time but I would largely attribute that to my own unrealistic expectations and staff shortages. However, I also know that had I given birth pre the NHS I almost certainly would have died, so many did. I wouldn't consider suing an organisation which has saved my life.

JJXM · 14/03/2021 19:23

@FuckyouBrennan

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?
Having a disabled child isn’t an excuse for being a dick to me when you have no knowledge of my complaint and questioning the validity of PTSD as a reason to receive DLA says more about you than me.
IndecentFeminist · 14/03/2021 19:26

The majority of people have only said no through a knee jerk emotional reaction to suing the NHS. That isn't a valid reason IMO, and shouldn't necessarily hold weight.

BuggerBognor · 14/03/2021 19:40

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stevalnamechanger · 14/03/2021 19:41

Sue !!! You deserved better

Greenmarmalade · 14/03/2021 19:45

Postnatal care is shocking and women deserve better.

I think you should sue. Only when people really challenge this broken system will we see change.

Greenmarmalade · 14/03/2021 19:48

@BuggerBognor I’m so sorry about your experience. There are so many failings with the nhs, and whilst I appreciate free healthcare, it really isn’t fit for purpose at the moment. I’m glad you got compensation.

User334567 · 14/03/2021 20:14

Again thank you for the kind helpful replies @Damnrightwrong I’m really sorry for your awful experienceFlowers It really does change you as a person doesn’t it- a lot of people on here are minimising birth trauma when I’m guessing they luckily havent experienced it. We shouldn’t of been treated like that. I hope things work out for you now your at a different hospital and you get all the support you deserve with your new pregnancy. Make sure they know what you have been through and get your partner to be strong and stand up for you.

OP posts:
User334567 · 14/03/2021 20:16

@Silverandgoldsparkles
Thank you for that info they were actually who I was going to contact. Would it be best to email or phone?

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DancingQueen85 · 14/03/2021 20:28

I real do feel for you op but I do think that it is worth reflecting on the fact that birth can be traumatic and cause ptsd without any fault from the nhs. Obviously we don't know your full circumstances but from what you've said it sounds like it might be the actual birth itself which caused the most trauma rather than the poor aftercare. Not changing the sheets is bad and it sounds like you deserved more support but unless their are significantly more details I'm not sure how this could be considered enough of a reason to sue the hospital. Whatever you decide, I hope you are able to get some closure on the situation.

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