Medical negligence claim 3 years after incident?

[Dayman2024]

Hoping for some advice on whether my claim would even be accepted, as the incident itself happened over 3 years ago.

Without going into too much detail, I gave birth to my first daughter in June 2021. My labour was incredibly quick and as she was crowning they said they needed to do an episiotomy and ventouse delivery. I said no. More than once. My husband also told them no. They did it anyway. 2 weeks into the recovery I noticed it was still quite painful, so I got it checked out and I was told that the wound had opened but that it didn’t need to be re-sutured. Since then, I’ve experienced pain during sex and I’ve only had sex with my husband a handful of times, so my relationship has taken a toll.

I became pregnant with my second daughter in August 2023 and because of my previous birth trauma, I opted for an elective c-section. I had to have a birth choices appointment in March 2024 to discuss my reasoning, and after I explained everything that had happened to me to the consultant, she advised me that I was essentially assaulted by the doctor who performed the episiotomy as I had not given consent, and that I should write a complaint to the hospital and to the GMC. She also said it’s very likely I now also have PTSD as a result of the birth trauma.

Then just last week, I had a gynaecology appointment as my GP had referred me in August 2023 due to the ongoing pain during sex. She examined me, and confirmed that I have a disfigurement due to the episiotomy and that I will need reconstructive surgery. I asked her, if the wound had been re-sutured when it opened, would the disfigurement have happened, and she said most likely not.

So, after all this, I’m now looking at instructing a lawyer to make a medical negligence claim on my behalf. But I’m not sure about the 3 year limitation period. I’ve done some research and I think, it would apply from the birth choices appointment I had in March 2024? Or the gynae appointment as I was officially diagnosed? I would appreciate any advice and I’m happy to answer questions too. Thank you

no chance

your baby was in distress and needed to come out. Quickly. so it was the ventouse delivery.

i had the same. did i want? no! did my baby need to come out asap? yes! So i would have said yes to being slit open from my chin to my toes if the docs had suggested

an nhs gynaecologist suggested you complain about a colleague to the GMC on the basis of what you told her and also diagnosed likely PTSD?

Surely you needed an episiotomy post ventouse?

i sure as hell did!!

And said you were assaulted??

they’d only do that op to deliver if they had to. They don’t do it as they are bored

@rochenut of course, I would have said the same, had they explained it to me in the first place. They just said ‘we need to do this’ without telling me why. To be honest they didn’t even give me a chance to push my daughter out myself.

My main issue is not the fact the episiotomy happened, but that they didn’t re-suture it after the wound opened and now I have to have reconstructive surgery. I’ve been in constant pain and basically can’t have sex. Any time I do, it’s just for my husband and I can’t enjoy it because it’s so painful

Yep. They said I was assaulted and I likely have PTSD and should seek therapy, which I have referred myself for

Op, they needed to do it to deliver your baby alive. I’m not sure it needs explaining?

and the doctor made a decision at the time not to resuture, the gp is wrong to say you’d not have this issue if it had been, they can’t know this.

im sorry you’d a difficult time of it and hope you get it sorted. But im not sure anyone was negligent.

And will they go to court and say that?

Sorry but this, but to be blunt, they don't do this type of birth for just because....
They do it to ensure a live baby.
Are you wanting to sue for financial recompense?
I'm highly surprised this consultant hasn't suggested post birth counselling rather than straight to this.

there would have been a responsibility on the consultant listening to these accusations to report
but would appear did not

the consultant would have been required to report these accusations

but didn’t

why not? either unprofessional, in which case i wouldn’t put too much weight against her advice
or
she thought utterly groundless (still unprofessional of her though as correct procedure would be for her to report)

Sorry I'm confused as an obs anaesthetist

Are you saying you consented to the ventouse? As its not possible to do them without an episiotomy else you'd have a huge tear (hence why they do them on everyone). They're done in theatre on a signed consent in most trusts

Or you refused both? and they did it anyway? Which is assault and a whole new ball game

All episiotomies are sutured after delivery

But going from your follow up post I can't see you getting compensation from it not being resutured if you were reexamined and deemed not to need resuturing

Equally just because there's disfigurement after suturing it doesn't necessarily mean anything was done incorrectly?

I'd start with a pals complaint and go from there

I had a double episiotomy which was sutured incorrectly and ended up having corrective and reconstructive surgery and cosmetic surgery (!) too so 3 ops

It is very distressing and traumatic to find yourself in such a situation. I didn't pursue a claim even though I was advised I could have one because my son survived. Arguably they should have done a c section earlier. At the end of the day my son was healthy and they saved him (even though the birth trauma came from their actions).

People who haven't been through it genuinely don't know the pain and suffering you have been through. As a solicitor though I knew it would be stressful and a battle to pursue a legal claim so decided not to put myself through it.

Speak to a specialist medical negligence lawyer and see how you feel after that.

Op as much as I feel for you. You are going to have to argue in court, with medical experts, that the doctor should have known to resuture and as such caused your current predicament. That he or she was negligent. They are going to show a thousand cases where resuturing made no difference, they are going to show why they didn’t. Why it wasn’t advisable.

and if you try to include the epistiomy, you will need to prove they were negligent and didn’t need to do it. You’d have delivered without it.

both will be nigh on impossible to prove.

I’d ask for a medical debrief with the hospital first.
I’ve never heard of anyone being resutured after two weeks and I worked in the area.
It’s not unusual for the area to heal poorly, reopen and take time.
I know someone who recently had ultrasound and laser treatment with a nurse practitioner for labia and perineal repair they were very pleased with the results.

you said your labour was “incredibly quick”
it makes it difficult, when a baby is in distress, to go in to detail as to the why.

They needed to get your baby out. and fast. You said no. Your husband said no. They overruled because you weren’t the only consideration in this scenario

i just can’t get over this consultant

suggesting the op report to GMC
saying it was an assault
diagnosing likely PTSD

but then doing bugger all herself when the onus was very. wry much on her to report what you’d told her

Did she really say all of this OP?

I ask this gently because otherwise i fear you’re about to embark on something and spend money, when really…. no claim

My advice would be to take advice on the law from lawyers, not gynecologists.

www.cadoganclinic.com/

Have you seen your medical notes? If not that is where to start and see what records were made at the time and the more recent consultations. You can then make a complaint via pals, but I suspect you are out of time for a claim.

Was she a proper consultant op? Or just someone with basic training doing birth choices. If the former she could even risk getting struck off for what she said, accusing doctors of assualt, diagnosing ptsd without the skillset to do so . It’s so unprofessional and likely erroneous too

@Destiny123 I said no to both. I understand that they did the episiotomy to get the ventouse in.

@Spirallingdownwards thank you, it has been extremely distressing for us. As you said, unless you’ve been through it, no one knows what it’s like and the physical and emotional pain that comes with it.

@GildedRage thanks that gives me hope for the reconstructive surgery! I’ll have a look into requesting a debrief, thank you.

@rochenut yes, the consultant said all of those things. Why don’t you believe me?

@DogInATent when did I take legal advice from gynaecologists? I just wrote what they said to me..

@Staunchlystarling she was a consultant obstetrician

you certainly can attempt a legal route but I suspect it will be costly and might be more traumatic.
https://pelvicare.uk/
posting links to let you know there are other options vs surgery which might not be successful either.