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Family of disabled child sue NHS for 'wrongful birth'

201 replies

chamoiscreased · 16/07/2009 10:35

here

OP posts:
renaldo · 17/07/2009 09:07

Riven DH has a lot of legal experience in CP/ difficult birth issues if you would like a recommendation for a good firm of solrs near you please let me know. Some of the firms are MUCH better than others at handling the process.

FioFio · 17/07/2009 09:08

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madwomanintheattic · 17/07/2009 09:13

anyone considering this might be interested in knowing that scottish investigations require a scottish legal team... just in case, like me, you think that anyone in the UK will do...

sarah293 · 17/07/2009 09:39

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2shoes · 17/07/2009 09:39

it is done in your dd's name, so she will get it.

sarah293 · 17/07/2009 09:42

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FioFio · 17/07/2009 11:45

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sarah293 · 17/07/2009 11:52

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TotalChaos · 17/07/2009 17:36

Leigh Day & Co in London, and Alexander Harris (who are now part of Irwin Mitchell) have got v. v. good reputations for Claimant clinical negligence work.

legal500 recommendations for bristol/southwest:-

www.legal500.com/c/south-west/insurance/professional-negligence

and for London

www.legal500.com/c/london/insurance/clinical-negligence-claimant

TotalChaos · 17/07/2009 17:38

btw the top firms (both claimant and defendant) in this area often have former medical professionals (usually nurses, occasionally doctors or mws) on their staff, so have people who can make something of medical notes etc.

TotalChaos · 17/07/2009 17:41

by "make something" I meant as in understand what's going on

mrsbean78 · 17/07/2009 17:56

I believe she's just doing it for the money to give her son a better life.

I work with SN kids and what's available on public money is so variable from area to area, with some areas offering such negligible care/respite/therapeutic services for the most severely disabled children that all but the very wealthy have limited access to quality provision for their children.

I'd sue, no question, if it would give my child a better life. I really value the NHS (and I work in it!) but it has to be recognised that things do go wrong and people are sometimes negligent. This seems like a legal loophole this family are exploiting with the intention of trying to secure better services for their son. There but for the grace of God...

swedesinsunglasses · 17/07/2009 18:18

I think the cost of a good standard of care should be met by the state for all disabled children, in any case. It is our NHS and we all pay for it, so it's sad if people have to sue the NHS to meet the costs of caring for a child, who is disabled through no fault of the NHS sonographer.

When I had DSs1 & 2 I had one scan at 12 weeks, called a dating scan. And no further scans until the 36 week consultant appt. They are only 17 and 13.

Litchick · 17/07/2009 18:32

Riven - go and see a lawyer soon as.
Although the time limits don't run out on children, doctors and nurses move on never to be found again. Notes, as you know, go missing.
Also, I think there is a psycholgical advantage of striking while the iron's hot. The courts are only human and wonder why people didn't start sooner.
It shuld not cost you a penny. DD is entitled to full legal assistance.
Make sure you use a frim that specialises in personal injury and medical negligence ie that they have a dept where that is all they do. You need a lwayer who lives and breathes this stuff, not some Jack of all trades ( I speak as a lwayer here who knows to many others who think thwy can turn their hand to anything - they can't).

funtimewincies · 17/07/2009 19:12

I really hope that you manage to secure some proper help for your daughter and yourself, it's a crap system all round .

Doobydoo · 17/07/2009 19:25

Bloody hell Riven...I hope you do have the energy to pursue this.
If my daughter had lived I would have sued as she would have needed much care and also with hindsight I really think they handled the birth and before hand wrongly.With my ds1 they admitted they had handled it badly and if he had had problems we would have consulted a lawyer but thankfully he is ok ...I really hope you can do this...Tippexed out! FGS!

2shoes · 17/07/2009 22:32

what really suprised me is that they don't look at your previous birth. this really shocked me.

swedesinsunglasses · 17/07/2009 23:06

Riven, that's dreadful for you. Proving medical negligence shouldn't be necessary, the state should be helping to make your DD's life as comfortable and easy as possible, as a matter of course.

2shoes · 17/07/2009 23:11

sadly it is. you use years of your life, fighting for what your child should get. imo it is disgusting that a birth injury take so long to get to court. dd will have grown up by the time it happens(if it does)

sarah293 · 18/07/2009 09:10

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2shoes · 18/07/2009 10:06

that did happen to someone I know

FioFio · 20/07/2009 08:18

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Cosmosis · 22/07/2009 13:01

This has been possibly the most civilised thread on this subject I have ever read. DH is a claimant med neg lawyer (at a firm with a vv good reputation), so I do tend to read a lot of threads on this subject on various forums becuase I'm interested in it, and I don't think I've ever read one before that hasn't resulted in a slanging match. Unfortunately it seems to be becuase there are a lot of contributors who sadly seem to know a lot about the process

Lcautious · 06/09/2009 01:57

It is unfair for anyone to suggest that people who have experienced medical negligence at the hands of the NHS should not take action because that will lessen funds avaiable to others?!

I have a son, who is now 5 months old and he experienced medical negligence.Before he was born, there were no issues, i had a perfect pregnancy and no defects picked up on the 20 week anomaly scan. The birth was v. traumatic, first birth and lasted days. I was having labour pains from the Sat night and had my son on the Weds. I was dialating only 1cm a day. We went to the hosp on numerous occasions but they were absolutely horrible. When i was finally admitted at 4 cms dilated, i had been in so much pain and my bp was so high i opted for an epidural.A female doctor assessed my stomach and said that the baby was not very big! (he turned out to be 7'10), which was big for my size.

When i went to push, they realised that he was not in the right position for pushing and was facing upwards? Every time i pushed, his heart rate dropped. The doctor tried to turn him around but it didnt work so they used forceps to deliver him. Ever since this point, he has never been the same.

After the delivery, he was not breathing, they had to resuscitate him. He did not cry and he went straight up to SCBU. The next day, the doctor came to visit me and said that if i intend to have another baby with my partner that it needs to be by caesarian section! The next day, my son collapsed ill and was rushed to Royal Brom hosp with suspected coarctation of the aaorta. When he arrived, he was heavily sedated and almost dying and it had taken them 5 hours to transport him to RB.
After more investigations, they realised that he didnt have coarctation of the aaorta and tests later showed that he picked up a viral infection from the hospital in the space of 1.5 days! They wanted to pin the blame somewhere and were convinced it had come from me but i was tested and it was negative. My son suffered in Intensive Care for 8 weeks, he was intubated, extubated, fed through through NG tubes, the doctors told us he will definitly have some type of learning difficulties but cannot specify how much or how little? His body was under so much stress from the drugs he had to take to clear the virus that his hair fell out from the scalp leaving open wounds on his head.
Now my son has a severe heart condition (which we dont know how he got), which RB say has been caused by this viral infection,takes 14 meds a day at different intervals and they are not sure of his future as even a cold could be detrimental to his life.

Even now, after all the tests they have done to find a cause apart from the viral infection there is none. We have a seriosly ill son and we dont understand why?

At the end of the day, we will be taking legal action because everytime i think about the suffering my son has encountered because someone couldnt do their job properly, it hurts and someone has to pay for their mistakes. I have worked all of my life and pay hefty taxes. The problem is that like loads of unfortunate people have stated above- it is almost impossible to get answers about what went wrong and why? There is no process to get these answers and so parents are forced and i am also forced to fight for my son's rights.

SomeGuy · 06/09/2009 02:17

you might be better off starting a new thread for this.