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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to claim compensation from the NHS over birth experience?

110 replies

neededtochangenameforthis · 16/11/2008 17:30

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)

OP posts:
StealthPolarBear · 17/11/2008 17:21

fine Katie but youy realise that's not true for the rest of us?
the nhs is a business - without appropriate feedback/penalties there are no incentives to improve

lulabellarama · 17/11/2008 17:35

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

nooka · 17/11/2008 18:23

There are two ways you can approach this.

Either try to see someone senior in the Midwifery department, and talk through your experience in an informal way. You can do this either by contacting them directly (you should have some phone numbers in your paper work), or by asking the PALS team to help you set it up. I'd do the latter, as they should be very supportive, and will know who you should best talk to. Hospitals I have worked in have been very keen on receiving feedback, and often the Chief Midwife is the person available.

Or you can make a formal complaint. You don't actually have to do this in writing, but it is usually better to do so, as you can be clear in your mind what specifically you are unhappy about, and what you would like the hospital to do about it. You may find it useful to ring up the hospital's complaint's department as they can talk you through the process, and will in any case manage the complaint as it comes in. You can write the actual complaint to the CE, the Chief Midwife, the Complaints Manager, or any other named person, but I think it is worth sending a copy to the complaints department, because they are charged with making sure complaints are managed within time frames etc.

Do not ask for compensation in the complaints letter, as this is handled differently, and if you say you have instructed a lawyer then the complaint will not be addressed as they will wait for the lawyer to contact them. If you still wish to sue after you have got a response to your complaint then you can still do so, so you haven't lost your opportunity. I don't think that it would be worth pursing legal action however, as from your OP it doesn't sound as if you have suffered any significant harm, so you would be unlikely to gain any damages. You can always ask your CAB or get a free consultation in the meantime though.

You do need to separate the two issues though, the first is about the fee for the room, which your husband or you can pursue, although since they have cancelled the bill I guess that has been resolved. The other issue is the standard of care, where you need to make the complaint (if you want to), or where you need to give your consent for your dh to make the complaint on your behalf.

The other thing you can ask for is a copy of your medical notes, either as a copy for you to look through, or (probably more useful) ask for someone from the midwifery team to go through them with you, so you can understand what happened.

As to whether any changes will be made, I think that is mostly down to the department, and how seriously the hospital takes complaints. I don't think that suing make more difference except when the sum is very high, or the incident high profile. For a hospital with maternity department I am afraid that legal claims are part of the routine, and only very significant claims are discussed at Board level. The Board will be concerned about the volume of claims, and seek to reduce them, and claims will be looked at in detail within departments, but then so will complaints.

Finally all NHS insurance is handled nationally, and all hospitals make a contribution to the scheme, so yes it does take away from the total pot for the NHS (and the money we all pay as taxpayers) so there is an impact. Just not directly on the hospital in question.

Oh and the Community Health Councils were abolished a few years ago now, in fact their replacement has also been abolished, and the new bodies not quite set up yet.

I hope all that makes sense! I used to manage a complaints department, so if you have any questions I am happy to answer them.

nzshar · 17/11/2008 20:13

I am in two minds about this. While I do think that maybe the op has a case I also wonder where is the line that is drawn in regards to bad birthing experiences?
I personally did not have the birth experience I envisioned nor the the post natal care that I felt was of standard but I came away healthy(mainly) and with a healthy baby.
I went into labour 4 weeks early with a known footling breech and a bone marrow disorder. They allowed me to go through an unessercary 6 hour labour and being 8cms dialated before finally organising the consultants 2 floors away in the same hospital to make a decision on what to do with me, ended up with c section and plateletes standing by. Had a catheter(sp?) and drain, one in each side. Could not shower for almost 48 hours and had to shout scream and demand to get catheter out after 48 hours even though was only supposed to be in for 24! Due to platelet disorder was in more pain than average c section patient but told in no uncertain terms to stop being lazy and get moving and walking (bearing in mind I had 2 "bags" to carry around as well). The ward was filthy and I didnt get any sleep in the 4 days I was there. In the end demanded I be let out with what amounted to a bit of a scene.
But would not dream of sueing. Then again I now regret not complaining at least. This is not what shoud be and speaking to a lot of woman it is a fairly regular experience.
Having come from New Zealand where the health care system is a mixture of American paying and British NHS systems it was an eye opener.

mumof2222222222222222boys · 17/11/2008 20:31

I think the OP should demand an apolgy / inquiry etc. I had a pretty poor experience with DS2 (disgusting ward and disinterested nurses just before Xmas - so not exactly in same league). I wish now that I had complained because it was unacceptable. However, I discharged myself as soon as poss and put it behind me. Compensation? No - certainly not when you think of the legal battle and other issues.

ithinkimtallandblonde · 17/11/2008 21:54

OP Sorry you had such a crap experience. I had a horrible time at the maternity unit with first dd.I never thought i'd have another baby but I made an official complaint and had counselling which i did find very helpful. I recieved a full apology from my consultant and a promise that the dr responsible would be spoken to. For me that was enough. I found time a great healer.

I don't really see how money will help to heal how you feel. People whose babies are left needing round the clock care because of medical negligence or people who are left unable to work and therefore require financial assistance need to sue for financial gain but i don't think it should be anyone with a complaint. There are plenty of bodies to improve maternity services maybe you could contact one of the ones in your area.

pophas2boybeans · 18/11/2008 09:34

Sorry to hear about what happened to you but I really don't think you will get compensation. My daughter ended up in NICU with a factured skull and bleeds on the brain due to negligence during a forceps delivery. The local MP and a team of lawyers were involved in the case. We were told that we wouldn't get compensation as my DD wasn't left with brain damage. She was monitored closely for the first 3 months of her life to check fo signs of brain damage and constantly having CT scans and X-rays. It was a very worying time for us and my baby was in a lot of pain. It was a horrible start to life for her. I think you just have to be thankful that your baby is ok. I forgot to add that my mum raised the alarm that my baby was sick as I was left on the ward with a baby who was seriously ill, being told that there was nothing wrong and I needed to calm down. ( I will try to post some pictures).

I too was left in a bad state down below. 3 years on, its still not right down there but I figure its a small price to pay for a little girl who is ok.

By the way, the doctor who performed the delivery has been sacked from the hospital but is still working. Worrying isn't it!

claw3 · 18/11/2008 09:52

Had a similar experience 4 years ago, im O neg blood type and my baby had a pos blood group. He ended up in SCBU for 12 days with Rhesus disease, after a 6 hour trial labour that lasted 28 hours.

Unfortunately these things happen, although it sounds like you had a terrible time, i would settle for at least you have a lovely baby to show for it.

smoggie · 18/11/2008 10:16

Only read the OP, but my initial reaction is

  1. Write a formal complaint and if they're willing to waive the fee for the "private rooom" leave it at that.

  2. Do not pursue compensation. I personally do not agree with this approach. I think it weakens your complaint if you do so because like it or not, you will be perceived as just wanting money from them and not wanting to ensure that this situation doesn't happen again. Your aims will be perceived as entirely financially driven.
    If the trust are willing to waive the fees, then I really can't understand how you are financially compromised by the experience.
    If you feel you have been emotionally affected then maybe ask them if they have any counselling available FOC, but to seek financial compensation I'm afraid just highlights to me what has gone terribly wrong with our society at the moment.

SOrry if that seems a bit harsh, but with a husband who works in the NHS in a clinical role and who has to deal with such matters on a regular basis I see how much time it takes to complete all fo the admin (time taken away from clinical matters) - and I just despair about peoples motives for such actions.

Romy7 · 18/11/2008 10:39

see how a complaint is dealt with before you make a decision on attempting a clinical negligence case. ours is ongoing (dd2 has cerebral palsy due to birth hypoxia). we probably won't get any money (and actually i don't want any), but what we will get is finally an answer as to why she is disabled. without an independent legally requested expert opinion, there is no way we would ever know. and when she asks me 'why am i like this?', i'd actually like to be able to tell her.
have you requested a meeting with your obstetrician? we had one at about 3 months post-birth, which was a useful way to talk over the labour and delivery calmly. clearly as it was a planned section there should have been a recognition of your allergy and a discussion as to how it would be managed previously. did you discuss it in advance?

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