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Letter out of the blue from the NHS Resolution Scheme

3 replies

EllenJamesian · 10/01/2025 11:59

Sorry this is long and I have name changed.

My daughter's birth 5+ years ago should have been pretty straightforward but was nearly catastrophic, due to NHS failings. As it was she was born with significant oxygen deprivation, she was nearly dead at birth, she underwent brain cooling and was in hospital for 3 weeks, with many follow up appointments and tests afterwards. I also suffered a 3b tear and had ongoing treatment for several months.

At the time I didn't know it was the NHS at fault. I had a debrief after about 6 months and was told by the consultant that it was bad luck and these things happen (my pregnancy was midwife led but a consultant was brought in for the debrief). In hindsight I was naive. It was only when HSIB completed an investigation (triggered because of the brain cooling) that I became aware of the failings. It was quite a damning report and there were numerous issues including basic things like not acting on worrying heart rate traces or the fact there was meconium in my waters. It was devastating to find out I'd been lied to. Echoes a lot of the maternity scandals that have come out since except I was "lucky" my daughter lived.

I was very angry at the time and my partner wanted to get a lawyer involved but COVID came (v stressful time for us) and both our parents were unwell, we never did anything in the end. Life moved on although I never felt able to try for another child and don't think I ever will.

Amazingly my daughter is doing really well and thriving at school, although she does have suspected ADHD which may or may not be due to the brain injury. Otherwise you'd never know anything bad happened to her. I still struggle with the psychological impact of her birth from time to time but I lead a good life generally.

Anyway I'd not thought about this much recently until out of the blue I received a letter from the NHS Resolution Scheme acknowledging some failings in care (although not half as many as HSIB raised). It's fair to say I didn't appreciate it arriving out of nowhere 5 years after the birth and 4 since the HSIB investigation, there have been lots of tears over the last couple of days.

I'm just not sure what this means and what, if anything, I should do now. On one hand we've moved on and are doing well. So perhaps there's no case anyway? On the other hand I'm so sick of seeing the same stories as mine in the news, except with tragic endings. I'm increasingly angry that childbirth on the NHS is unnecessarily dangerous and women are disbelieved and gaslighted and I don't know what will change this except holding them to account through legal action. I suppose I want views and advice on how this would pan out if I did go down the legal route.

OP posts:
lto2019 · 10/01/2025 12:31

Wow that sounds horrific - so glad you're daughter is doing well. What does the letter actually offer other than acknowledgement of the failings? I wonder why they have contacted you now so long later? It might be linked to other issues they are having. On the one hand you are doing well - and have all progressed but as you say you are sick of these things happening - and making them 'pay' might make you have some bit of resolution and would be there for your daughter's future and some compensation for your terrible experience.

I think reading what you put what is most aggravating to you (and would be to me) is the cover up and lack of accountability about what happened. Tragic as these things can be - mistakes happen but covering them up makes it so much worse.
I would take the letter to a solicitor and see what they advise - you don't have to do anything they suggest but having some info might help you decide.

EllenJamesian · 10/01/2025 13:29

Thank you @lto2019 . I thought I was doing well but this has shaken me up a bit. The letter ends by offering a further discussion with the patient safety team (which I don't want as unfortunately I just haven't got any trust I them), and then tells me how to seek independent legal advice via the Law Society, so I assume that means they anticipate it's likely you'll do that. I think you're probably right about at least seeing a lawyer initially.

OP posts:
ElephantGrey101 · 11/01/2025 04:16

I am so sorry to hear what you have been through. My little girl also had HIE and we had a patient safety investigation into her birth. She is doing well now.

There is a charity for families of babies who have had a brain injury and they have a support group for people going through the legal process. They also provide therapy for parents which might be helpful for you.

https://www.peeps-hie.org/legal-panel/

Legal Support | Peeps | HIE Awareness & Support

Our Legal Panel is a new initiative, launching in August 2023, and is here to signpost to organisations to help you make an informed decision if you are looking for advice. The organisations below have gone through the Peeps' due diligence process, and...

https://www.peeps-hie.org/legal-panel

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