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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Medical negligence

36 replies

TaylorsSwimShorts · 10/05/2022 12:53

Just wanted opinions on a situation I'm in, I had a procedure performed by the NHS, this was performed incorrectly and correct procedures weren't followed afterwards, the hospital have admitted negligence, apologised and completed a serious incident investigation, would you just leave it at that, or consider taking it further ie put in a claim for compensation?

OP posts:
heldinadream · 10/05/2022 12:56

How has it affected your life, capacity to work, and look after yourself and any dependents you have?

Mizydoscape · 10/05/2022 12:56

I'd personally leave it at that if assurances have been made that the incident has been investigated and lessons learned. The NHS is stretched enough without people claiming compensation.

Itloggedmeoutagain · 10/05/2022 12:57

I would need more info to respond to this about how it impacted your life and ability to work etc

BettyForgety · 10/05/2022 12:59

How has it impacted you financially. Have you been unable to work?

CloudSharkie · 10/05/2022 12:59

The NHS won’t be further stretched by a compensation claim - handled by an entirely different department. They’ve already admitted fault.

would depend on how it’s affected me though and how much the stress of a claim may impact me going forwards.

Original poster
TaylorsSwimShorts · 10/05/2022 13:01

heldinadream · 10/05/2022 12:56

How has it affected your life, capacity to work, and look after yourself and any dependents you have?

Well the procedure was a sterilisation, the consequence was an unplanned pregnancy and birth, high risk pregnancy and delivery. My 7th... I won't be able to work as easily as I could have, and a pregnancy and birth and child at a later age has had an affect on my body and in life in general tbh

OP posts:
HikingforScenery · 10/05/2022 13:01

If it’s affected you, then yes, claim for compensation.

MrsPelligrinoPetrichor · 10/05/2022 13:02

Absolutely I would claim.

ItsDinah · 10/05/2022 13:03

Yes,I would claim.

Original poster
TaylorsSwimShorts · 10/05/2022 13:06

Ok so should have just said, the procedure was a c section and sterilisation, the sterilisation was performed incorrectly, the consultant then failed to contact the lab to check the histology report to make sure both tube samples were complete, if they had, they'd have seen one side was complete and the other side was incomplete, 4 years later this led to an unplanned pregnancy, my 7th, which was high risk for a few reasons.. age being the main one, it also meant a 6th c section, which again was high risk, baby is now 6weeks and healthy and my recovery has been fine, I'm inclined to just leave it, accept their apology and move on and be grateful I have a healthy baby, but there's a part of me that's angry that I'm back to square 1 in terms of childcare /work/sleepless nights, I've had to buy everything again, my house is too small, as is my car, and I do feel quite bitter that not 1 but 2 mistakes has led to this...

OP posts:
GoldenEclipse · 10/05/2022 13:08

I think you need independent advice on this. Not MN.
And I say this as a HCP in the NHS.

Theluggage15 · 10/05/2022 13:11

I would claim. Their error is impacting you financially and they have admitted their fault. The money will also be helpful for your baby not just you, I wouldn’t hesitate.

Original poster
TaylorsSwimShorts · 10/05/2022 13:11

I will be taking independent advice I just wanted some opinions, as I just feel odd about making a claim because a baby being involved, if my leg had fallen off or something I'd find it easier to decide!

OP posts:
Theluggage15 · 10/05/2022 13:12

I know what you mean but I would see it as supporting your child.

CloudSharkie · 10/05/2022 13:18

I would claim, yes. Mainly due to the trauma of a high risk pregnancy and c section!

Thegirlhasnamechanged · 10/05/2022 13:18

I work for NHS resolution and deal with claims like this. Obviously not going to weigh in on whether you should claim as that’s a personal decision but your baby being 6 weeks old I wouldn’t claim just on the basis that any compensation could pay for nursery fees as things can take a bit longer than that. Even if the trust have already admitted liability!

AchatAVendre · 10/05/2022 13:19

Well, if they've apologised and admitted negligence, the level of negligence must be very high and you would almost be guaranteed to win any compensation claim, so yes definitely contact a reputable no win-no fee solicitor. I think the NHS in this context would actually be waiting on your claim coming in and the ongoing debate would be about how much compensation you are entitled to (potentially quite a lot!).

But its also important to sue them because proper procedures weren't followed, and since the NHS is otherwise a remarkably unaccountable public body, sueing it is really the only way of ensuring theres a chance that all those "lessons learned" might actually sink in.

Your claim would be for lost work, extra costs, pain, anxiety, suffering, etc and I should think they would be highly likely to settle out of court (most cases do).

Tiphaine · 10/05/2022 13:25

If you do decide to take legal action, it's worth looking at The Law Society's clinical negligence specialists. There's a list available to download towards the bottom of this page: www.lawsociety.org.uk/career-advice/individual-accreditations/clinical-negligence-accreditation.

CharlotteRose90 · 10/05/2022 13:39

In your shoes I would claim but be careful as they will probably say it was your choice to keep the baby when you found out. Unless you were too far gone there’s always a second option.

Natsku · 10/05/2022 13:45

This happened to someone my parents knew when I was a child. She claimed for compensation and got it. I would do the same, its had a big impact on your life.

Original poster
TaylorsSwimShorts · 10/05/2022 13:47

Yes I did have the consultant that performed the original surgery point out to me that I didn't have to continue.. but at this point I was about 22 weeks! I was almost 10 weeks when I found out, and didn't ever want to terminate despite being very scared of the pregnancy and birth...
seems to be a lot to think of, I did know it would likely take a very long time to win any claim, and don't particularly fancy court/solicitors/appointments, but it's helpful hearing others opinions, thank you to the poster that posted the link too, I'll look through everything a bit later..

OP posts:
Villagewaspbyke · 10/05/2022 13:48

There’s case law on this that you can claim sue to “wrongful birth”. I understand that now the baby is born you might feel awkward claiming but as you say an unplanned pregnancy is costly and it seems it was a result of medical negligence.

aliatalia2 · 01/04/2024 09:18

Mizydoscape · 10/05/2022 12:56

I'd personally leave it at that if assurances have been made that the incident has been investigated and lessons learned. The NHS is stretched enough without people claiming compensation.

The compensation comes from their insurance

Icannotbudget · 01/04/2024 09:24

I thought with sterilization they tell you that in a minority of cases it’s unsuccessful? Certainly a friend of mine did fall pregnant after being sterilized, I thought was a known/ accepted risk?

TheUndoing · 01/04/2024 09:32

Assuming you’re in England, the law is pretty clear that you can claim for loss of earnings and other financial losses due to the unwanted pregnancy (including emotional distress) but not the cost of bringing up a healthy child.

I can’t help but think that you did have the option of terminating the pregnancy.