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

Email her and ask if you bring a claim will she testify that she recommended you raise a claim, contact gmc, think the doctor assaulted you and diagnosed likely ptsd.

I would be very surprised if she even confirms she said that. Not to say she didn’t. But it’s so bad it’s career ending

@GildedRage thank you for the links. I’ve been trying to get through to AvMA for advice but there’s never an adviser available.

I’ve been thinking about pelvic floor physio so I’ll look into that

@Staunchlystarling she didn’t say to raise a claim of compensation, she said to write a letter of complaint to the hospital and the GMC. I’ve requested my medical notes from the hospital so I’m hoping there’s something in there from that appointment I had with her

If you told her they performed a ventouse against your consent then I can see why they've said its classed as assault...but I think you'll struggle to argue why you haven't raised anything about this in the last 3 years

@Staunchlystarling she had actually given me her personal phone number (or work number?) if I felt like I needed her support but she wrote it on my pregnancy notes so I don’t have it anymore

Call the hospital and ask for it?

@Destiny123 it’s not necessarily the episiotomy/ventouse, as like you said I would have done something sooner, it’s the needing reconstructive surgery now that’s got me.

because said consultant was so unprofessional she failed to report your accusations

so i wouldn’t put much weight against her advice op

@Staunchlystarling it was a mobile number so I don’t think they’d be willing to provide me with that

there will be nothing
why? because it would incriminate her if you’d said all this to her and then hadnt escalated your accusations

@rochenut do you have a link to something that says nhs consultants must report such accusations?

she didn’t give you her personal number and scrawl it over your notes op

she gave you her work

and if you google her name

you will find a way to contact her

but she won’t say anything because you were discharged from her service years ago

You said no.

So what if they had said ok then and say back and watched your baby and possibly you die. They were the ones with the knowledge.

Sweet jesus op
seriously?

no im not going to send you a link”

this is my job

i know what im talking about

and in any event, surely common sense will prevail

I'm a midwife with a lot of labour ward experience. Any woman that has a procedure that she has specifically said no to has absolutely been assaulted. Obstetric assault is real and can result in PTSD. To the posters saying that it was necessary, women still have the right to say no and this should be respected.

On the whole though, any episiotomy or tear that breaks down aren't resutured. They tend to heal better on their own so I don't think they have necessarily been negligent here. Usually, they will prescribe women oral antibiotics to take and ensure swabs of the wound are sent as the breakdown often occurs due to infection.

If I were you I think I would make a PALS complaint and then potentially take it to the GMC due to the lack of consent as ultimately this has had other consequences.

https://www.gmc-uk.org/professional-standards/professional-standards-for-doctors/raising-and-acting-on-concerns/part-1-raising-a-concern

this good enough for you op?

@rochenut exactly, you are the one with experience that I know nothing about yet almost every post you’ve made mentions about how the consultant I saw in March 2024 didn’t report what I had said to her… so I want to know more about what you’re taking about…

@CrunchySnow thank you. The midwife who examined me didn’t swab the wound, but I guess that doesn’t matter. Is it still worth messaging PALs even though it’s been over 3 years?

@rochenut thank you. You know you don’t need to be so rude?

i have just posted a link op

the consultant didn’t report
which means she sure as heck didn’t document

I will leave and hide the thread

but i suspect your recollection of what this consultant said 3 years ago has somewhat ebbed and flowed over the passage of time

@rochenut it was in March this year, but ok

Different scenario but I had an ultrasound carried out in what turned out to be a fatty lump,I told the radiographer I was also having pain in a different ( but close) area .so he did an ultrasound there too.
I had raised a complaint with my gp surgery about a few issues I had.
While discussing the results of the ultrasound, my gp said that because the radiographer had done an ultrasound which had not been requested in the referral ( the area where I indicated I also had pain) he had in fact committed an assault.and if I wanted to I could put in a complaint about that.
I didn't because I felt like he was being used as a scapegoat where all he had tried to do was reassure me with the extra ultrasound exam.

Be wary of lawyers who advertise as being experts in medical claims ( where there's blame type of firms) as the experience I had was that they calculate their chances of winning and if it's not over a certain percent then they won't take the case on. It has to be financially beneficial to them to put the work in. So not really working only on your behalf.

I think I would initially take it to PALS. If that Dr is still practising, they need a review. Consent is vital and doctors that do not understand this are dangerous in my opinion. Based on the outcome of this I would consider contacting the GMC.

I'm a midwife with a lot of labour ward experience. Any woman that has a procedure that she has specifically said no to has absolutely been assaulted. Obstetric assault is real and can result in PTSD. To the posters saying that it was necessary, women still have the right to say no and this should be respected.

thats shocking. So doctors just need to let a baby die or be damaged, simply if the mother says no, the doctor has no right to proceed?

so no problem you remembering her name and goggling her for how to contact her

👋