Any advice on starting a medical negligence claim?

[CrackersInBed]

I don't even know yet if there was medical negligence, and what it is I am trying to achieve here, but 5 years on since I had my twins the niggling doubts that I have about what happened are only growing and eating me up, so I think maybe I should look into it. But where to start?

Basically the key issue here is about who checked me over and decided to deliver the twins early - I believe that when i was admitted they didn't properly check everything and there was too big a delay before the consultant had a good look and made the immediate decision to deliver (nearly 24 hours, during which time I was bleeding internally and the babies were in distress as shown on the heart monitor printouts which nobody checked).

One of the twins has CP which most likely occurred because she was deprived of oxygen during this time, or even before.

Obviously there are lots of details and questions to consider but I think the starting point is getting access to my own medical notes from when i was admitted to when they were delivered - this is when I think I was not properly assessed and examined and monitored.

What do I do first? Can i contact the hospital and ask to see my notes?

I don't want to just randomly contact them and say er yeah I think you were negligent - I think I need to get the info first and then decide if i think there is even a case to answer.

Any advice?

I'm really sorry you had such an awful time. I can completely understand this playing on your mind for years.

I had a bad birth experience and was encouraged to take legal action (I haven't) so I know a little bit but I'm not qualified so you could try calling a clinical negligence solicitor (Leigh Day & Co have a good reputation).

I think you have four years to bring a claim but that's from discovery of the problem. In my case that would be dd's birthday but it might be different for you.

I got a copy of my notes. You don't have to tell them why. I found it useful, if distressing, to read. I didn't feel they were accurate.

I'd advise calling the solicitor and getting your notes anyway.

Good luck, I hope either way you get to make your peace with it all.

Thanks Hulla. I think I will also find it very distressing to see my notes, but I just can't seem to let this go.

DD was diagnosed aged 9 months, so if it is 4 years then I am just a little bit too late. Suddenly that makes me incredibly angry, like it should be my decision when and whether to do this, not someone else telling me that it was too long ago, so get over it.

I will try a solicitor as a starting point and get the notes anyway. I need to know if my memories are real or a bit exaggerated by the major panic that developed.

Sorry to hear of your experience. You can obtain a copy of your notes or you can request to just look at the originals. Call the hospital you had them at and ask to speak to PALS or the patient experience department. They should be able to tell you how to apply. If you want a copy, you can be charged up to £50.

You should have until your babies are 21 to make a claim in relation to the care they received at delivery, but a solicitor will be able to confirm this. Good luck.

Thanks - I have just checked the Leigh Day & Co website and it is fabulous. I am very relieved to see that I am not too late, and as it was dd who was injured Legal Aid would be available too, as clearly we can't fund this sort of thing.

I will call them tomorrow.

crackers that's fantastic, I am sorry for worrying you. I didnt think of the difference between children and adults. Its makes sense that you have much longer.

I found the hospital wouldn't really discuss what happened to me and I found this really upsetting - like it was in my head. I ended up having a gynae appointment at another hospital and bawling my eyes out to the wonderful consultant there. She was the first person in the NHS who had really listened to me and told me that what had happened to me was wrong. I felt a million times better. I think it was easier for her to say it all because she didn't work for the hospital where dd was born. I would really recommend going through your notes with someone - even if you don't want to discuss it with the hospital you gave birth at.

You are completely entitled to feel angry and upset. Anyone would in your situation. Have you had counselling? I am having some at the moment and it really is helping. I know my situation isn't the same as my dd is healthy but I am living with awful physical problems and pain. Some days its all I can think about.

Keep us posted won't you? I'm happy to carry on chatting here if you wish?

Thank you Hulla - I am sorry you are having such a hard time. I know what you mean, some days I really just cannot stop thinking about the same details over and over again. I just can't get it out of my head.

I haven't really talked to anyone at all about this, not even dh as everyone is just totally focussed on dd and keeping things going for her.

Will keep you posted after I have contacted the solicitors!

I only very recently opened up to two close friends and it was one of the best things I have done. One of them sent me a message last night saying she was glad therapy was going well but to feel free to use her more because she's always there for me and free! It made me smile.

There is a lot of help out there, it's just finding it. My therapist also thought that legal action would be no bad thing if it helped me. I was so lost and when the hospital wouldn't answer my questions I felt so angry I wanted to make them pay attention and legal action was all I could think to make them do this. I even hoped (probably naively) that it might bring about change and help other women. My dd is one next week and I am so busy all the time that I hardly get a chance to have a cuppa nevermind bring about cultural change in the NHS .

The fabulous gynae suggested that replaying events in your head (as I do) is a sign of post traumatic stress. Your GP can refer you to a counsellor or you can call these Birth Crisis.