Medical negligence

[Elusivelady]

Hi.

I want to know if I have right to pursue a case..

So I am going back to 2019 when I had my son. So I had a full term healthy pregnancy, and was induced at 39+4. I went into labour pretty quickly (not that anyone would believe me) anyway 24 hours in I was transferred to the birthing unit. I did approx 6 years in active labour before I begged for that epidural. Anyway I was given x2 epidurals and the first one ran out after been in active labour for a further 24 hours. I then pushed for 2 hours until my son got stuck! I was then told I was been taken too surgery so 24+ hours of not moving my legs at all and I hadn’t been given any sort of compression stockings or blood thinning treatment. After been told I was going for an emergency section around 2 hours later I was in surgery been forceped which failed. All that did was mean my sons head got stuck even more meaning he was born with a cephalohematoma (a bleed between the brain and scalp). This then resulted in an ’emergency c-section’ so another 4-5 hours passed of me still not been able to move my legs at all as I had been numb from the waste down for the last 24+ hours and still no sort of compression stockings. When I was moved on to the ward some inflatable compression stockings were placed on my bed at the midwives said that they didn’t know how to use them. So still no compression stockings. I finally had a blood thinning injection once on the ward but I think this was unfortunately too late. After 3 days I was discharged with my son back home where we were discharged without my medication as they said the pharmacy hadn’t send it up. following any surgery it is standard procedure that you need to inject and wear stockings. Anyway excuse aftwr excuse I finally got the medication after 3 days from the hospital, meaning I went 3 days without any form of blood thinning medication. And yet still no compression stockings. Anyway day 13 post birth I felt something wasn’t right my feet were huge and swollen, a midwife had told me was water retention. But I was short of breath and tight chest i wen to my GP who sent me straight to hospital to the AEC department. Where I was x-rayed and sent home too wait for an appointment for an MRI I think it was about a week later (I need to get hold of my medical records) that I had the MRI and I was finally diagnosed with pulmonary embolisms on my lungs (blood clots)……..
I was treated with medication and after around 4 weeks I had an appointment at the anti coag clinic who asked why I wasn’t wearing my compression stockings. I said I’d never been given any they said I should’ve been given some at the time and also when I was diagnosed.

I have never really took this any further or realised how much it has affected me until now. When I so badly want another baby, but I can’t because of the PTSD and the fear of going through that again as I am now at risk of more clots all because of medical negligence. The thought of potentially leaving my son without a mom makes me spiral into depression that I’ll never be able to give him another sibling.

I just want to know if anyone had gone through anything similar and been successful with a claim for medical negligence or if anyone thinks I have a case

TIA x

I don't have any advice on whether you might have a claim, but based on what you describe it's sounds like you were let down and put at risk.

Have you sought support for dealing with the trauma?

I don’t think it’s reasonable to state there was medical negligence when no such conclusion has been reached by those with the knowledge to make that decision.
You certainly can ask for an explanation of what happened and why.
I’m curious as to your motivation, what do you hope to achieve?

No, I haven't really had any further counselling as such on the trauma tbh that is not for me.

Why do you think you should have had compression stockings and blood thinners?

So if you were left nearly dead due to lack of care leaving your 13 day old baby behind you wouldn't feel as though you had been neglected?

My motivation is for someone too take some responsibility for 1. What I went through 2. Some form of compensation even if it's just a real apology as too the fact I won't be having any more children due too the fact I was neglected

Because it's standard procedure for anyone undergoing any firing operation that stockings are given to reduce the risk followed by blood thinning medication

Sounds disgraceful. Absolutely complain

I've only had ELCS so they pop stocking on you before you go into surgery. Because of my family history, I then have had the fun of 6 weeks daily blood thinner injections.

In terms of a claim, do you have a quantifiable loss? It doesn't sound as though you were injured. However, I think it would be wise to have a birth debrief, bring up your subsequent ordeal with the midwife leading the debrief and then make a formal complaint if you feel it isn't being dealt with sufficiently. For your GP, would it be a complaint to the practice manager in the first place, and PALS for the hospital? It does sound like you were left in a very dangerous situation.

You absolutely should have had compression stockings until you were able to get up and wander around. I don't blame you at all for feeling the way you do. Sorry this happened to you.

I think you have three years to bring forward your claim. Worth having a chat to a no win no fee lawyer just to see if it is even possible to make a claim. I think it’s worth putting it all on paper to make a complaint. What you went through sounds pretty traumatic.

For what it’s worth, I had PE during pregnancy whilst I was on prophylactic blood thinner. So it’s not an absolute that having the blood thinner will mean you wouldn’t have PE.

Is ending up with an embolism not being injured??
What about PTSD?

I mean yes it sounds like the OP doesn’t have long lasting physical disability because of it. I’m nit sure it’s right to say no l’asti g effect, esp seeing the impact on her getting pg again etc….

@Elusivelady, I think that your post has drawn out some of the AIBU witches, which is why you're getting a hard time - I don't agree with them and can understand why you are upset about it and are worried that it might be repeated.
I think your first stop should be to ask for a birth debrief - this should be with a senior midwife who will talk you through your notes and answer any questions that you have if they can. It might result in an investigation, and you should be given the outcome.
If you are not then satisfied, you can then escalate to PALS, and then pursue a legal prosecution if it is still felt warranted. I'm not trying to dismiss you there, I'm just hoping that somewhere along the line you might get some answers, some form of apology and reassurance that it won't happen again.
I don't think YABU at all. I had a pretty awful labour with DC1 and my DSis (qualified midwife) said that I should have at least had an epidural, and probably a c section too - but it doesn't sound like it came anywhere near to what you went through.

Bless you Thankyou.

Please don't full your experience down based on yours though. Everyone's experience is individual and if it left you traumatised you have every right too feel that way.

As for me, I'm not looking for sympathy but those been harsh I would love too see experience nearly dying with a 13 day old baby and then tell me it's no one's fault. I am currently trying to get a debrief with the hospital I gave birth at but this is becoming a pain trying to get in touch with the right person. But the referral has been done anyway so I am waiting for that too come back. Xx

You've waited too long. Clinical negligence claims must be made with 3 years.

As PP said you usually have 3 years to bring a claim for medical negligence.

Also agree that it sounds like you will have difficulty proving quantifiable loss. Your injury appears to be PTSD but you refuse to have any counselling.

Pointing this out doesn't make people 'witches'. The OP asked whether she could bring a claim and people with knowledge of legal proceedings are pointing out the issues. That doesn't mean people don't sympathise with her position.

I’m afraid legal claims for clinical negligence usually have to be brought within 3 years of the alleged negligence. There are some exceptions, but that’s the general rule.

Is not been left with blood clots on your lungs nearly dying not an I'injury' as such then?

I'm sorry but I don't think oeoooe understand how hard it was jot been able to breath or be a parent for 3 months. Also having to have a radio active mri scan and not be allowed in the same room as ny 3 week old baby for 48 hours which could've been prevented had I have been given the correct care in the right place. I may not have a physical injury but the clots are still there and always will be I'm at risk for the rest of my life again which could have all beeen prevented through no fault of my own.

My NHS Trust (SW) don't use compression stockings after CS. They prefer patients to move about ASAP instead.

I would contact the hospital. Open up a conversation. You could try their Independent Senior Advocate if they already have someone in place. You deserve to talk the process through with somebody. I don't think you do have a claim for medical negligence as it is past the 3yrs, but that does not mean that you don't deserve to speak to someone about it. You could also try the Maternity Voices Partnership that is attached to your hospital- ask to share your story with their Lead. Message me privately If you'd like to know more about it.

You would need to see your consent form that you signed to see the risks of surgery identified by the surgeon

@Elusivelady you are clearly not going to take any advice from anyone on here, no matter how much experience they have. As I said I have a huge amount of sympathy for you, but that doesnt necessarily translate into a legal claim. Its also slightly odd that you say how traumatising this was but refuse to have any counselling to address the issue. I suggest you go and see a clinical negligence solicitor and they can advise you as to how a claim works.

You have been through a dreadful experience op.

I posted on MN asking about how to go about finding out if my son's disability could have occur during his birth. I was mostly torn to shreds and accused of being a money grabbing liar.

What I did in the end was ask Pals to support me with a complaint (13 years after my son's birth). It was very easy to do and I had a meeting with two anaesthetists who had been through all my birth notes and sat and listened to my concerns about my son.

They completely put my mind at rest and I felt better being able to explain why I was concerned and how it had affected me.

Definitely pursue this.

I’ve had several operations and have never been given surgical stockings or blood thinners.

No one here can really advise if you 'have a case' even if the timescale allows for it because quite a lot of clinical info is used to assess the risk of blood clots. It sounds like the debrief might be useful - I wonder if some things may have got a bit lost in translation and having someone explain the decision making (at least the in-patient parts) might help. They may also be able to organise follow-up to assess your risk of thromboembolism in future pregnancies if you wanted to explore that. There is a helpful RCOG guideline on managing thromboprophylaxis that is easy to find online and may help to understand the rationale behind some decisions (in particular it explains the lack of evidence for stockings and the differences in the distribution of leg clots in pregnant vs non-pregnant customers). HTH.

I wonder if making an appt with the unit manager to discuss your experiences and be given the opportunity to ask questions would help? It’s difficult to say wether there was negligence based on your post. For example, what is the policy in the hospital trust for vte prophylaxis following c section ? Compression stockings are not routinely used in every hospital and the use of lmwh injections should be considered for use once discharged home, not everyone gets them. I presume that you were deemed to require them if you eventually got them three days later but I’d advise making an appt with the hospital so you can go through your notes together. The hospital policy with regards to vte prophylaxis could also be discussed with you and how it was applied to your situation. Was it definitely an MRI you had? CTPA is the imaging modality of choice for diagnosing PE.