Medical negligence and suing the NHS

[notthesame]

Morning everyone,
Have name changed for this, as I know that feelings can run high when people say they are thinking of suing the NHS.
Short story is that DC1 is almost 8 months old and I have suffered from a variety of birth injuries, including infected and open tears, damage to my back and pelvis, rectocele, cystocele, prolapse and double incontinence. Had some scans last week and the 2nd degree tear I was diagnosed with immediately after the birth was a misdiagnosis. In fact, I ripped all the way through the pelvic floor muscle. Whilst they stitched back the skin, they didn't stitch back the muscle. Those of you who have suffered similar birth injuries will know what a devastating impact this has had on me. It continues to effect my ability to have a "normal" life with my DC. I have no idea when I will be well again, nor when I will be able to contemplate a second pregnancy - I am almost 40, so this is a decision that I need to make soon.
No idea whether the birth could have been handled differently nor whether there was a point when I should have gone for EMCS. But the fact remains that they did not stitch me up properly and I am now facing reconstructive surgery. I believe that this could constitute negligence.

I am still undecided what to do, but am thinking of suing the hospital. I would be very grateful if anyone who has gone through this could give me some advice over things like how to find a lawyer and share some of their experiences over what was involved, how long it took, etc. I don't really want to get into a discussion of whether it is "right" or "wrong" to sue the NHS, either in general or in my case. Thanks.

Sorry to hear of your terrible experiences. Have you had a chance to discuss your case with your consultant? Many of these problems can of course occur just by bad luck rather than negligence though I agree missing the more extensive tear sounds like a mistake.
Maybe a debrief would help you gain some closure on this.
I know you don't want to discuss ethics of suing nhs but surely the important thing here is that everyone involved learns from the experience so it doesn't happen again is the most important thing? Taking funding away from nhs can lead to reduced staffing levels which may be part of the problem in your case.
Good luck, I am sure others can offer more specific advice

Thanks. Am going to ask for a copy of my notes as a first step. I am seeing a different team of consultants (privately) to get myself fixed - no wish to go back to the hospital I delivered at and don't to deal with NHS waiting times. I will ask my main gynae how reasonable it is to believe that the tear should have been noticed and that I should have been stitched correctly. Everyone I have seen so far has been pretty appalled at what's happened, but if it is the sort of thing that can easily be missed, then I'm not going to try and make a claim for negligence, although I will complain to the hospital and make them aware of what's happened. I know what you mean about the ethics of suing - the fact that I am fully ware of them is one of the reasons why I am not yet decided about what to do and why I don't really want to discuss them here. But not stitching me correctly has had a significant impact on my health, quality of life and confidence as a new mother. The longer recovery time may also impact on whether or not I have more children. There has also been a financial cost to me - not all my physio is covered by my health insurance, I have had to get cabs to appointments because I haven't been well enough to use public transport, and when I have the surgery I am going to have to pay for childcare to help me out - recovering from the operation with a lively and heavy child who will be approaching a year, is going to be very different from recovering with a newborn.

If the tear was a third degree tear then it should have been diagnosed and stitched properly, you may have still have had problems but they would have probably not been so bad. It is so sad that this time as a new mum has been so difficult for you.

The NHS pays thousands of pounds for insurance for medical negligence cases so if you sue it won't lead to reduced staffing levels. I don't know much about exactly what it would entail, I imagine it would be quite distressing though. The trust may choose to settle out of court to reduce the overall costs to them. I would suggest finding out as much as you can about it from your gynae and from a solicitor. Don't just accept it, as this sort of thing shouldn't happen.

Thanks maxbear. Don't know how long it will last, but at the moment the anger is helping me deal with it better!!