Has anyone claimed compensation as a result from a mishandled birth?

Question

I suffered a 3rd degree tear as a result from what I personally feel was a mishandled birth.

I still suffer from slight urinary incontinence and anxiety from time to time 6 months on.

I feel that the midwife gave no guidance during labour and she was only really a spectator.

My baby was very large for me and I feel that maybe this should have been picked up beforehand. I did mention a few times to my midwife that I thought he seemed large (as my bump was exceptionally large) After the labour I was left for at least 5 hours (no exageration) with a serious tear, sat in my own blood before I was finally taken down to theatre to have surgery to repair the damage.

I still suffer with urinary incontinence 6 months on. I found the birth extremely traumatic and suffered panic attacks for weeks afterwards.

Im terrified of having any other children incase the scar tears open again.

Is this something that I can claim for or is it just one of those things that is no ones fault.

Has anyone else experienced somthing similar and claimed?

Thanks

Answer 1

If you are in the UK go to the citizens advise bureau....they'll give you free legal advice and help you decide if you have a case and how to g about everything...I think you have a case...it sounds dreadful!  

Answer 2

It's almost certainly no one's fault. Seriously, compensation? What financial loss have you suffered? Just sounds like moneygrabbing to me. Loads of people have tears. Loads of people have big babies. Loads of people find birth traumatic and have urinary incontinence afterwards (it's sufficiently common that teaching people pelvic floor exercises is standard).

I'm sorry you had a bad time, but please leave the money in the system for sick people who need it.

If you have another child, the doctors will look at your scar and the size of your baby, and if they think you are likely to tear again, they will probably offer you a C-section.

Answer 3

I'm sorry to hear that you had a bad time.  My daughter's birth was also very traumatic and I had a 3rd degree tear too and a severe infection afterwards.  I'm not sure, however, if suing is such a good idea.  By all means complain to the hospital but you sound very angry about what happened to you and I doubt if money will make you feel better.  Where I live the local children's centre offers something called Birth Stories for women who have had traumatic births.  Basically, you talk to a midwife about what happened to you during the birth and they get your notes from the hospital and go through them with you.  Sometimes you can also talk to hospital staff that were assisting during the birth.  The point is to try and clarify what happened and help you to understand why certain decisions were taken.  Why not ask your Health Visitor or GP if your area offers anything like this?  Talking about your fear and anger will help.  Also be sure to talk to your GP about your incontinence.  There may be something they can do to help this - in the meantime make sure you do your pelvic floor exercises.  Do at least 50 every day and you should see an improvement soon.  Good luck - I hope you feel better soon.

EDIT - this is starting to sound very familiar!  I also had a catheter fitted and the day after I gave birth I had to get my own breakfast AND have a shower on my own whilst holding on to the catheter bag!  Can you believe that in a shower room attached to a post natal ward there was nowhere for me to hang the catheter bag?????  I had to suspend it from the door handle and step over the tube each time I turned round in the shower, lol!  Good old NHS, eh?

Answer 4

i think this is disgusting and you should report the hospital and sue them !!!!!

Answer 5

Hi

That sounds awful. They may have been busy but that still doesn't make it acceptable to leave someone with a very serious injury for hours on end, losing blood.

You do have a right to claim because there are alot of solicitors who deal with medical blunders and 'mis handled births' are included.

Dont feel guilty about it you have suffered and should be compensated. These companies wouldn't be around if people weren't allowed to sue the NHS so go ahead.

Yes the NHS does a good job (some of the time) but I have also heard alot of bad stories and they shouldnt be allowed to get away with it just because they dont have much money.

Have a look at 'injury lawyers' or the 'national accident helpline' online. They will take some details and let you know roughly how much you will receive if sucessful.

Good Luck.

Answer 6

thats a horrible situation. i agree with daisy, contact citizens advice or one of those no win no fee lawyers.

Answer 7

yes i know of people who have sued over this type of thing, sounds like u have a case, good luck with it, you should also seek some counseling for this because it sounds like it has really scared you.

Answer 8

I also agree that claiming compesation may be taking it a bit far. It sounds like the main issue is that you were left for 5 hours without the tear being sutured, but for all we know, the staff and OR were in use for someone in a more desperate situation than you. You only suffer from 'slight' urinary incontinence, which is very common after childbirth and anxiety may be partly down to being a new parents - again, it's common. If they had picked up that your baby was particularly large, they still would have advised natural delivery as the recovery is usually better. The NHS are in a midwife crisis at the moment - the ones they do have are very stretched and I'm sure are doing the best they can. If you paid for private care, then maybe it'd be worth pursuing, but i'm assuming this is NHS care? If you claim compensation, then it's just less money for them to use to ensure better treatment for patients. I would definitely send in a formal complaint though as they should be made aware that there's a problem.