Medical negligence

[TaylorsSwimShorts]

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?

I would leave it for one reason only and that is if your child ever found out it could potentially massively damage them. It would feel awful to find out that mum and dad didn't want you, categorically didn't want another child and actually sued the doctor because it was so horrendous that you were born. I'm not saying that's how you feel now baby is here but the child won't necessarily understand that. I know you probably won't tell them about it all but things come out in the end.

I would take advice, on claiming.

Of course you should file a claim

Oh I would 100% pursue a legal claim, and if the circumstances are as you describe, it would be successful, although the settlement would depend on the circumstances (is the child healthy or do they have additional needs? Have you been working while raising your other 6 children? Have you had to give up that work due to having a 7th child? etc.). If you haven't worked for years it will be less worthwhile financially.

I work in the NHS and on 99% of these threads I just sigh because there has been little or no financial or other impact on the patient, and they are either hoping for some free money or hoping for revenge on some staff member. But in this case you can certainly demonstrate that your life has been impacted.

Ok, and how do you think they pay for the increased premiums from claims...?

Of course, medical negligence settlements will affect an organisation's budget - the money doesn't come from a compensation fairy. it's clawed back by halting recruitment, certain procedures, stopping the use of agency staff...

There's nothing wrong in claiming compensation. If you don't feel guilty about claiming for your car, why not claim for your health? It comes from a different budget, so if someone doesn't claim compensation, it doesn't mean that money will go back to the NHS, it will go to another person's compensation.

If you have legal cover on your home insurance, they will help with a claim for medical negligence.

You found out when you were 10 weeks into pregnancy they could argue that you could have terminated.

NHS trusts have a group self insurance process (CNST) and the amount a trust contributes depends on its assessed level of risk, which is based on many factors including the number and nature of incidents, strength of processes, and whether it can be shown that these are followed. Whether the OP makes a legal claim or not, the failures identified (assuming everything is as stated) will feed into that, as they should.

I've just had an email that I was quoted in a post, came to look and found this thread again, I'd forgotten about it!
Baby had his 2nd birthday a few days ago, he is absolutely amazing, is adored by everyone, a very predictable ( for me) twist... is that he's also highly likely to be autistic! Shows a lot of traits, professionals agree, he's already got appointments and assessments coming in thick and fast, I knew this was a high possibility due to his older brother, and a very strong family link of additional needs, and was one of the reasons I was even more worried when they told me I was carrying a boy... anyway, I did end up instructing a solicitor, but to date, have received nothing... nada... zilch I've forgotten all about it now to be honest, I've got this amazing kid I have to try and keep alive despite his best efforts, it's not easy as I'm older than I'd have chosen to be with a 2 year old , but he's a brilliant little NHS mistake!

I think it's worth considering, it will help you cover childcare expenses etc which I assume you must not have budgeted for. But be aware it will be a long drawn out process, multiple medicolegal experts will get access to your entire medical history for their assessments, will involve appointments and assessments etc. But they have already admitted liability so that helps!