to claim compensation from the NHS over birth experience?

[neededtochangenameforthis]

I have changed name for this. I am a long long standing mumsnet member and not a troll.

I had my third baby a few months ago. The experience (in common with so many other women sadly) was dire. My baby ended up in SCBU which I partly attribute to the negligence around the birth (c-section) and non-diagnosis of breech position. I ended up with a severe (you would not believe how severe if you did not see the pics) allergic BURN from the surgical drape despite telling them that similar had happened before and not to use anything that was sticky on my skin. I was not given the anti-d injection despite being rehsus positive and my baby being rehsus negative. It was only on day 10 when I was the one who realised that it had not been given and literally chased up and down the hospital from floor to floor to ask someone to give it to me that it was finally done. This is just the highlights - there is of course more.

I thought about making a complaint at the time and life just got in the way. We were then issued with a bill for the one night I spent in a private room (laughable that they could call it that) at £150 for the night! I was in a private room because a doctor said that I MUST lay with entire nether region exposed (due to allergic burn) or there would be severe risk of infection if it did not dry out. This was on a ward with men walking past all the time. Even with the curtains closed, the fans (it was boiling hot) kept blowing them open and people kept brushing against the curtains and opening them. We (dh and I) said again and again that this was not a suitable environment for me to do this. In the end, they finally agreed to put in me in the private room (but with door propped open!).

Anyhow, this bill prompted my dh to write and complain about everything and to ask for compensation for which we would offset the bill for the private room. They immediately agreed to cancel the bill. He wants to take it further now. He works in insurance himself and works with someone who used to be part of the NHS claims department who said they would cancel the bill straight away in an attempt to make us go away.

Part of me wants to as well. It was hell and people should not be treated like this. It has also put me off ever having another baby. Partly as I am worried about the risk from not having been given the anti-d in time, and partly because I could never go through that experience again. They have no right to have put me in a place where I am actually saying no to more kids.

However, part of me says that any compensation I claim will just come out of the already overstretched NHS pot and will only lead to worse treatment for others in even more overstratched hospitals.

So, am I being unreasonable to want to claim compensation? (and I realise this may kick off which is one of the reasons I namechanged)

Had you not gone to the hospital would you be alive and would your baby be alive ?

It sounds awful.
I would expect an investigation (which the Community Health Council can help you with-they liaise beween patients and NHS) but fail to see point of compensation because it just means someone else will get even less of the pie.

I work for the nHS and have insitigated an Independent Teview against it also so see both sides.

the fact the OPs baby is well, does not take away from the trauma she suffered at the time. I recently heard a talk about something similar , a mother had suffered similar burning during birth, and was most unwell.

was your allergy written in your notes? and your rhesus status? if so, and tbose issues were not taken care of , and you suffered harm and loss from that, the technically, you can sue.

depends what you want to sue for, and how much, is there lasting damage to you, for example?

i think it is unfair to suggest people should not seek legal redress due to the dire finances of the NHS, if you are allegedly harmed by the negligence of the people who work for the NHS. trusts have provisions / insurance in place for such events.

if you are serious , you will need legal advice and that might be very costyl and it will be time consuming and you won;t get thousands IMO

would a decent apology suffice?

This was a planned section so there is no question about whether I would be alive or not if we were not at the hospital. And I have no issue with the surgeon. That does not however excuse the absolutely appalling antenatal and postnatal care at the hospital. On their letter saying we didn't need to pay the bill, they said their postnatal manager would contact me to discuss things.

I think counselling would serve a better purpose as this is obviously affecting you in a bad way

In my own (very serious) case, a formal apology and proof that there was systemic change witihn the dept. concenrned made me happy.

Oh and hearing that the person resonsible suddenly decided to take 'early retiremnt'.

I was very happy after that.

Yes, the allergy was written in big letters on the front of my notes as well as on numerous pages. It was discussed in detail with all consultants including on the day itself. And yes, my rhesus negative status was also in big letters. I asked repeatedly in SCBU for my baby's blood group and they kept saying they would find out. It was only on day 10 when I was sorting papers out to get him discharged that I saw on my own maternity discharge summary that ant-d was written as "not given" - then I pushed hard for baby's blood group and had to go from ward to ward begging for a midwife to give the injection to me. All were too busy and sent me from pillar to post until one finally did it.

I would complain and make sure that the listen to what the problems were and agree to take on board your criticsms and act upon them. I know it takes a very strong person to stand up in front of a board etc but maybe just a chat with the SOM or someone else who would agree to talk through it with you?

I don't think getting money out of them is the way forwards. I doubt the complaint ever gets back to the department it occured in that way. They pay you to shut you up and thats it. JMO of course.

I wish I'd taken my own advice and at the time of suffering extreme negligence on the NHS for my first birth had issued a complaint. It was only 3.5 years later after actively seeking counselling for my PTSD and the birth of one more child on the nhs in which I was also subject to neglect that I've volunteered to go on the maternity liason committee to tell them my story. Only I haven't heard anything back from this. I now feel strong enough that I HAVE to try and make a difference for the health and mental wellbeing of future mothers. No-one should have to suffer like you, I and many others have.

It wasn't St Peter's was it their postnatal care is absolutely shocking even though it has really improved in the last 12 years!

Hard to know a formal complaint may help them look at their procedures more carefully and change them. Were you thinking about having a 4th child?

How is compensation going to help? I'd be more concerned in making them realise the problems and that measures have been put into place to make sure it doesn't happen again. An apology might also be nice.

But compensation? No. There's a lot wrong with this society cos people expect financial compensation for things.

Did you not mention to them that they shouldn't be putting surgical drapes on you or why didn't your husband?

Just asking as I am latex allergic and we had to be vigilant not the nurses doctors. Why did you let them put the drapes on you?

I do think counselling would be a better bet really.

A formal apology would be nice. But I am sure there will be no changes to prevent the poor care in future. This is a very busy central london hospital and it is overstretched to the max. The system itself is the problem and my one bad experience won't change this. I have read too many threads on here about bad birth experiences (especially postnatal care after sections) that I know I am in the majority not minority of experiences like this.

No, I really don't think I need counselling.

i dont think you need anti-d if you are rh+ and baby is rh-, only the other way round.

i would consider a complaint/compensation if it was noted about your allergy, and them not paying attnetion to you about it.

you have to prove that they were negligent and it was forseeable you would be caused harm by that IRRC. if you have not suffered lasting harm or damage then it might well not be worth it, but i would definitely encourage you to make a formal complaint and debrief your birth with HoM

No personal experience to draw from here but having read so many traumatic birth stories such as yours Neededtonamechangeforthis, I wish someone would introduce "birth inquests/debriefings" or some such procedure whereby mothers could meet face-to-face the doctors and nurses involved in their care, along with the hospital managers in the presence of an independent chairperson, with the conclusions published and made known and mistakes rectified etc ....

Perhaps there should be a Mumsnet campaign?

I had no idea they were putting surgical drapes on me! I was numb from the waist down and behind a screen as was my husband. How on earth could we know???

i don't think the onus should totally be on teh patient to stop HCPs from doing potentially harmful things during their time in hospital

Sorry, I am rhesus negative and baby is positive. Typed it the wrong was around.

I've heard a lot of horrific birth stories recently - 2 at the same hospital and I'd certainly pursue a review into how the delivery/aftercare was managed by the hospital if only so it's flagged up as a failure so procedures/policies can be improved for future delivries (yes, I know we've all heard similar promises from local councils in the last few days). Claiming for compensation would certainly make sure that the Chief Exec and the Board knew about this - whether it would remedy the wrongs is up for you to decide. You could always donate some or all of it to the SCBU as someone else said.

thats ok just double checking. i am rh-, and always make sure they check bsaby blood and sort out anti-d if needed.

It doesn't sound great, why do you need money, can you not just go for an apology.

The NHS is on it's knees.

it is not the fault of people who have suffered at the hands of the NHS, that the system is crippled and on its knees.,

Its interesting isn't it. If I had told you the same story, but said it had happened in a private hospital, I doubt anyone would have said I should not go for compensation. Because it is NHS, people say I shouldn't.

Yet the pain and suffering is the same. Just a thought.

if you feel you have a case, you need to see a solisitor.
beware though it can take years, and you will have to prove that they were negilent.
and when I say years, I do mean just that(8 years and counting here)