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

Well as long as mum's happy, seems to be according to some that's all that matters.

Psychosis would be the main one I can think of. We had a 6h wait while the courts debated our permission to do a csection. We asked what happened in the interim if the ctg went off but the advice given by our lawyers was totally incorrect do we were lucky that it didnt

So OP would have been absolutely fine if the doctors had gone with her and her husband's wishes and the baby died? Living life without a care in the world. I don't think so. How is doing something to obtain a live, healthy, baby's arrival treating a woman as a piece of meat. I very much doubt OP and her husband know more than a doctor when it comes to this issue.

Yes. Not much different to watching mum die from haemorrhage as a JW

Obstetrics as a field of medicine is often a fine balance between the care of an unborn baby and the rights and needs of a pregnant woman. A pregnant woman with capacity has a perfect right to damage her unborn baby if she wants to: nobody can force her to accept antenatal care or attend scans; if a scan identifies an anomaly which could be easily corrected in utero, she still has the right to refuse that corrective treatment, even if doing so would harm the foetuses chance of survival; she can smoke, drink and take all kinds of drugs whilst pregnant if she chooses to. It might be unpalatable, but it’s far preferable to the alternative, which is a woman’s bodily autonomy and right to consent to what happens to her body being sidelined in favour of the unborn. We’ve been there and tried that – the results aren’t pretty.