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

Are you an obstetrician though? What if the CTG shows distress and you need that baby out and it looks like it won’t be delivered otherwise? Leaving everything to emergency C section is more risky.

So they just let her baby die? That’s what you will do in future? If it’s an urgent situation, and you don’t have time to explore in depth you will simply let her baby die?

And if her baby dies, or is disabled due to them not doing it as she requests, are they then not open to negligence suit from her? Or is it they were unable to explore in depth with her, so they can’t be found negligent for letting her child die? She’ and her husband are responsible?

You won't be able to bring a civil claim as you're out of limitation & you knew the negligence had occurred 3 years ago.

However, if somebody has cut your genitals without your consent (particularly if you have said "no"), that is assault & potentially a criminal matter.

Everyone above, yes, if she said no to the procedure, they CANNOT perform it on her even if her baby dies. Of course they wouldn't be negligent, because she has refused treatment. Unless she lacked capacity, they are assaulting her to perform this when she says no.

OP a lot of people here don't understand the legal concepts of consent & negligence & go by what they think the law should be rather than what it is. Be careful about what you read x

Well said. There has been a pile on on the OP on this thread from quite a number of posters. Not clever and not nice.

If a woman refused the procedure it would then be explained to her very clearly what refusing would mean for her and her baby: that they would both very likely die. It would be very unusual then for a woman to continue to refuse - but if she did, there wouldn’t be a medical negligence case to answer to. The woman had capacity and had it clearly explained to her what the consequences would be. It’s no different to refusing any other form of treatment: providing the patient has capacity and is considered to understand the consequences of their decision, it isn’t negligent for a doctor not to continue treatment which has been refused, they legally can’t do anything else.

I'm finding this all quite horrifying.If a woman refused the procedure it would then be explained to her very clearly what refusing would mean for her and her baby: that they would both very likely die. It would be very unusual then for a woman to continue to refuse - but if she did, there wouldn’t be a medical negligence case to answer to. The woman had capacity and had it clearly explained to her what the consequences would be.
Would the staff all have to back off? Stop trying to save the baby, watch it in distress on the monitor and then die?

Medicine sometimes is horrifying. People will refuse transplants, chemotherapy, surgery, antibiotics and staff have to watch them suffer. But as long as an individual has the capacity to make the decision, it’s theirs to make.

The reality is that I doubt there’s been a single case where a pregnant woman, having actually had it explained to her that refusing treatment would be lethal for her baby, wouldn’t change her mind and consent: so few medics have to really dwell on what the consequences would actually be.

It's odd that they can't ask for a termination after a certain gestation but can be allowed to cause the baby's death another way. How awful.

You were not assaulted. They did what they needed to do to get your baby out. If they hadn’t and your baby has died you’d have something to say. Childbirth is not an exact science.

That doesn’t remove the right to consent. Obviously. It’s this type of attitude that allows (some, these) doctors to treat women as pieces of meat.

I hope you’re not a medical negligence solicitor.

It’s good to see a doctor saying this, I often appreciate the contributions you make on threads, for the record.

Agree, so a woman labouring and the baby is in distress can say 'yes I'm aware without intervention you're offering now my baby is going to die, and I'm OK with that' and the medical team will all retreat from the room? What next?!

@rochenut what is wrong with you? Why are you trying to pick holes in OP, posting several times with sarky remarks? You really do come across like you’re attacking her

OP, I have no advice to give other than speak to a solicitor. Medical negligence is a really complex and difficult area so you’re already up against it. No one on here can really advise you.

Same on all the threads, maybe just one of those people who enjoys pointing out they are superior and would NEVER EVER do anything wrong

i had the same delivery for my DS. I don’t remember being asked at all’ it was more a case of ‘We need to get the baby out now so are going to do an episiotomy and ventouse’ I didn’t even think to argue against it, they did what they did to ensure a safe birth. I would be highly surprised if they took this route just because they couldn’t be bothered to wait for you to push.

Not true.

The OP has become aware of some the harm caused within the last 3 years.

Lawyer here.

But that’s not the point, the point is the OP clearly didn’t consent, she actually said no.

I thought the exact same

I have anaesthetised for obs for 8y

You can only forceps at fully dilated. Its safer to forceps/ventouse at fully than do a section as babys head is deep in the pelvis by then

You can't do anything to mum for babys sake... without mum's consent. Fullstop. Baby has no rights at all

You can intervene only to save mums life (ie near fatal harmorrhage/mum in cardiac arrest/amniotic air embolism etc etc).

Law is v clear on that

I was part of the court proceedings to perform a csection against mums wishes so well versed on it

It is assault medicolegally. I'm a dr

I’m shocked as well, if what the poster is writing is accurate and I’m not sure it is, I cannot beleive a woman can effectively have her baby die through choice and the medical team say right then bye crack on. And everyone just walks away after and gets on with their life.