Suing NHS for negligence

[aftermidnightz]

I have recently suffered a birth injury that was a result of mistakes during my caesarean section. We have been told that the incident has been reported and is being investigated under the NHS Datix system.

In my many hours spent in hospital I have been reading around what’s happened and found a couple of cases very similar where the claimants have successfully sued the NHS. I’m looking for advice from people who have successfully done so? Specifically, when is the right time to make initial contact with a solicitor? Is it better to wait until I have a treatment plan or better to get the ball rolling? I’m currently stuck in hospital with my newborn unable to go home.

I would wait until you have some feedback from the investigation. PALS should be able to get a timeframe a d more information on the investigation process and you can ask to be involved if appropriate. Have you had any sort of debrief from a midwife? Take time to enjoy your newborn and recover. You have three years to start a negligence claim and the starting point is accessing your notes via a dsar, so no immediate rush and it may be clearer once you have a better understanding of the longer term consequences such as if it affects your ability to care for your dc or need further treatment.

Agree. Hang fire at present as you'll have more information further down the line and you lose nothing by focusing on your and your child's health at the current time. Get well soon.

This.

You have three years to bring a claim so don’t rush into doing things when you’re in the newborn bubble. Take the time to heal and find the right solicitor for you so that you are guided by your head and not your emotions.

But at the same time, make sure you have everything recorded. Any issues or pain that you may have just dismissed or treated yourself at home with some painkillers, etc., speak to the midwife or go to your GP so there’s a record of it all. They may admit liability but the financial compensation may be a challenge in getting so evidence around damage to you will be key.

I’m so sorry this happened to you.

I did this for my mother, breast cancer at 54, where Mr Baumber did a lumpectomy and failed to remove to clear margins. He knew he hadn't removed it as he should but just left it. Obviously it grew and she had a mastectomy, several rounds of chemo and then radio. It was too late for her and cost her life.

The NHS trust had done their own investigation and said they would resolve the claim as early as practicable. Their solicitors drew it out for as long as they could, mammograms were lost etc etc.
She died at 62.
We had a solicitor who did the work pro bono, without that I dont think they would have settled/we'd have carried on with it.

My one tip ... keep all receipts food/pads/tv used etc etc and a note of all mileage (date, to/from, reason)

I will definitely engage a solicitor which I presume will be on a no win no fee case, I am presuming if they don’t think there’s a good chance of winning they won’t take a case on?

I am so angry atm I just went to take some sort of action to channel my energy. It could have been avoided if the surgeon had called a specialist during the section but they didn’t and now I am facing further surgery as well as more time away from my children.

I would strongly recommend you look into the best solicitor for your specific situation when/ if you decided to sue.
Google Mala Sidebottom. She is both a qualified doctor and a very successful medical negligence solicitor. Currently a partner with Moore Barlow.
I can personally recommend Mala.

Irwin Mitchell, Birmingham office.

Start a timeline, who said what, time and date. Receipts for all out of pocket expenses.

I'm going to go against the grain here and suggest you contact a solicitor as soon as possible. The whole process of litigation takes a long time and the sooner you get the ball rolling, while events are fresh in your mind, the better. Make sure you find a reputable firm which specialises in obstetric negligence rather than a generic personal injury lawyer.

As you say, most medical negligence firms in England and Wales operate on a no win, no fee basis.

The charity AvMA (https://www.avma.org.uk/) is a good source of advice.

It's great that they have submitted a datix, but that in itself doesn't mean much.

Ask them what they are doing from a Patient Safety Incident Response Framework (PSIRF) point of view - is it a Patient Safety Incident Investigation (PSII), and if not, why not?

The hospital haven’t actually been in touch with me yet, but I can see this from my maternity notes app. I’ve noticed they have retrospectively added more detail so have been screenshotting any changes.

With regards to the advice above - that is helpful but what steps would you take for that?

Have they had a "duty of candour" conversation with you where they apologise and tell you they are going to investigate?

If not, speak to the consultant in charge of your care, ask more questions about the harm level you have sustained from the incident/complications and if it was moderate or above they are legally obliged to do the DOC.

Yes I have had this although it’s got slightly complicated as I was transferred to a different hospital and I’m no longer in their care (was there are a maternity patient and I’m now under urology at a new hospital).

Are they part of the same Trust?

I'd start with a formal complaint, not via PALS and ask for an update on the patient safety investigation.

The results of that and your ongoing treatment plan will guide what you do with a legal case.

If they’ve damaged your bladder it doesn’t necessarily mean you can prove negligence. It’s a recognised potential risk to a section. Obviously if you think it’s more than that then go for it but just be aware it may not be straightforward. Irwin Mitchell as already mentioned are a very good firm.

I agree with this advice (PI - not Clin. Neg. - solicitor).

Firstly, congratulations on the birth of your little one but really sorry this has happened to you.

You have plenty of time so get sorted and make claim so I would suggest getting home and clearing head first. These things take ages so what’s another month or two to the claim. Plus I doubt the lawyers will want to take on case til they have firm idea of what’s gone on.

In meantime all advice above v good and definitely keep screenshotting everything as you have been.

In terms of lawyers, it’s worth checking your house insurance to see if you have legal cover. But otherwise, you can search legal 500 for good clinical negligence lawyers but as others have said, Irwin Mitchell are very good at this type of work.

good luck

Document everything in writing so you can come back to it when you are stronger. Write down the names, time spent, advice comments stated.

Take pics of all your charts any documents available.

Make sure your debrief is timely not too soon when you’ve not had chance to understand details that may give rise to questions.

Don’t ever forget how strong you are being for both of you.

Best wishes