Ectopic Pregnancy 6 years ago, want to sue hospital. Please Please help.

[manjusha]

Hi all.

 

I am looking for some advice and help from the learned friends on here to solve my dilemma.

 

I was taken to A&E of my local hospital on the 26th Dec 2003 with excessive bleeding and abdomen pain. They tested my urine and told me I was pregnant, which I was not aware of. They admitted me to do further investigations and gave me morphine for my pain. They then told me the next day that there is no weekend scanning available and emergency scanning has to be authorised by a Registrar, which there wasn't. My condition was getting worse and worse. Then two whole days later, Monday, 29th Dec, they scanned me and confirmed it was an ectopic pregnancy and that they would need to operate on me. They said they will try and save the tube but apparently my tube burst in me on the way to the theatre. I have two small scars on either side of my belly button , one scar on my belly button, which I believe is line with the Key hole surgery they had to do. But I also have a 4 cm scar further down. This was never explained to me and I had no letters or notes to take home with me. I was kept in hospital for a week to monitor which is also unusual, I hear. Anyway, as I had a 1.5 year old beautiful daughter and was so mentally and physically exhausted with this whole thing, I did not complain to the hospital or query what had happened to me. My husband & I have been trying for another baby unsuccessfully and we were referred to the fertility clinic of the same hospital last November. The consultant who saw me had the notes from the ectopic pregnancy and photos of the tube etc. He said I need to have a HSG test to see if my other tube is patent. I got a letter from him ccd to my GP saying I had a Salphingtomy of my right tube. The HSG test was done on the 23rd March. I was asked to go back to the clinic yesterday to review the results of the HSG test. It was another consultant and to my horror, he said the HSG test says my right tube is normal! He said the surgeon's notes from 203 clearly says the right tube was removed so he is not sure what happened. He said I need to have Laparoscopy and a Hysteroscopy done. As with everything else in the NHS, there are huge waiting lists and I will probably not have this done for another 3 months.

 

I came out of there fuming, just fed up with everything. I am so angry that I want to sue the hospital for not scanning me and treating me for my ectopic sooner which could have perhaps saved my tube (whichever one). I also want to sue them for wasting my time and causing me undue stress over this whole issue of not knowing which tube was removed.

 

I am not sure of what I should do now. As the main incident was in 2003, is it now too late?? Can someone please help.......

[Sali]

I'm sorry to hear about the distress you have suffered.

 

I have seen other posts in this forum suggesting that there is a strict time limit of three years for medical negligence claims. However, it may be that you have exceptional circumstances, as the facts emerged only when you wanted to try for another baby.

 

I can only suggest that you contact ICAS to ask their advice.

 

If you do intend to take this matter further you will need to get a full copy of your notes (including scans) through a Subject Data Access request to the hospital.

 

Your first step is to make a formal complaint against the hospital (I'd be tempted to make sure I had a copy of my notes first). If you are not satisifed with their response, you can ask the Health and Parliamentary Ombudsman to review the case.

 

Alternatively, I guess you could look for a no-win, no-fee lawyer.

 

I can totally understand your anger and distress. However, it will be a long, long, emotional battle.

 

Good luck.

[Sali]

One thing I should have added. It may be that you cannot take a complaint to the Ombudsman if you have started legal proceedings against the hospital, although I heard that this rule is either no more or is to change at some point in the future.

[manjusha]

Thanks Sali. I will give PALS a call tomorrow and also do a SAR letter. Do I still need to send a cheque for £1? I am a bit wary about going to a 'No Win No Fee' solicitor. Will keep you posted. Thanks for the help.

[Sali]

Do you think it worth speaking to ICAS first. Afterall, they may say you have no right to make any complaint as the incident happened over three years ago.

 

You can be charged upto £50 for your Subject Data Access. PALS should be able to provide the correct form. You do not have to give any reason for requesting your data.

 

I'm not a fan of lawyers in general - no-win, no-fee or not. However, they may be able to offer you some advice. The no-win, no-fee types will normally only take you on if they feel sure that they will gain financially from it.

[geoffthechef]

do not try no win no fee....get hold of a specialist medical negligence solicitor ..your first port of call should be Home - AvMA

 

Action against Medical Accidents (AvMA) is the independent charity which promotes better patient safety and justice for people who have been affected by a medical accident. A 'medical accident' is where avoidable harm has been caused as a result of treatment or failure to treat appropriately. AvMA believes that whatever the cause of a medical accident, the people affected deserve explanations, support, and where appropriate, compensation. Furthermore, we all deserve to know that the necessary steps will be taken to prevent similar accidents being repeated.

We provide free and confidential advice and support to people affected by medical accidents, via our helpline and casework service and can refer to our panel of specialist clinical negligence solicitors or other sources of support where appropriate. HELPLINE: 0845 123 2352 (Mon - Fri 10am - 5pm)

[Maggie_moo]

Message deleted - my daughter messing with keyboard.

Edited July 9, 2009 by maggie1968

[jackieandwayne]

I believe it is three years - my colleague's daughter died in hospital, and she believed it was negligence.

 

It took until the day before the three year limit for them to actually admit liability and start to make reparation, the first thing they did was pay for a headstone.

 

However, I am assuming that in your case, where you could not have known about this until you tried to increase your family years down the line, that you may still have a case.

 

I should do as others advise and first off get this very important fact clarified, then take it from there.

 

Good luck and many happy babies for you!