should i have continued with medical negligence claim?

[jafoole]

Hi everyone

this is my first post on here and from the responses i have read there are a lot of informed individuals who offer great advice. I suppose i am just asking for your oppinions as the case is now finished.

As the title suggests i started a claim for medical negligence but it has now been dropped for two reasons, The first reason was money and the second was time. Apparantly i am now out of the time frame for filling a case as it is 4 years since the "incident"

the background of my claim was that i believe the negligence of a midwife resulted in the stillbirth of my daughter at 1 week past due date.

 

Short history :

40 weeks/due date attended antinatal appoint

appointed last 4 minutes. I informed the midwife about slowed movement she told me i was worrying over nothing

She refused to take urine sample from me because she was running late with clinic. (later showed high levels of protein indicating feotal stress)

Located babys heart rate but did not listen to it for more than 20 seconds

did not record babys heart rate in notes recorded my blood presure in the column instead and made up new result in the blood pressure column.

negated to sign off notes ....

6 days later baby daughter stillborn

tests indicate placenta deterioration from 35 weeks and baby died from hypoxia at 41 weeks

 

this was my first dealing with this midwife in fact i never saw the same midwife twice throughout my pregnancy. It took the complaint commision 6 weeks to find out who the midwife was that saw me. when they interviwed her she told them that she remembered the day as she was running late due to petrol shortage strikes that where happening at the time but she did not remember me at all. she had no recolection of the appointment. why would she it lasted 4 minutes. However once a solicitor was involved she suddenly remebered every detail including hearing my babys heartbeat.

my argument was that if she had refered me for further investigations after reported reduced movements then baby could have been born ealier thus preventing death.

 

I would really like to know what your oppinions would be regarding an outcome do you think i would have had a good case. I had to reluctantly let the case go because i was told i would need to find £3000 to pay for independant doctor and midwife for court and although both partner i work we don't earn a great deal and sadly couldn't afford to continue.

thanks in advance of any responses

Edited February 14, 2010 by jafoole

[Sali]

You say you started dealing with a solicitor. Did they give you any indication of your chances of success and what were their views on the claim being made after the three year time limit?

 

I presume you also contacted a no win, no fee lawyer for their opinion too. They would only take on a case if they thought there was something in it for them.

 

The predicament for you is that you could spend so much time, money and heartache and only end up feeling bitter.

 

It's very hard to come to terms with a situation where you know you've been wronged and you cannot do a damn thing about it unless you are rich or powerful. Those people who have made mistakes will never face questions, the systems that have failed will never be reviewed or improved, no lessons will ever be learnt...and it will happen again.

[jafoole]

Thanks for your response to my question.

 

 

I contacted a private solicitor not a no win no fee firm. They said the firm would pay for the legal fees and court fees but I would have to pay for the independent doctor and midwife myself she then left it with me to find the cash and said I had 3 years to start proceedings.

 

She told me she couldn't give me any indication of what the outcome would be until the doctor had looked at test results.

 

I would like to know is there a definite time limit of three years for med neg cases or can you do this later and would I have been better off going to a no win no fee firm?

[jack1966]

when someone dies we need someone to blame, someones fault, a reason ect, it makes it easier. it may of been negligence of this nurse that contributed toward the death of your daughter, it certainly seems she didnt take care of you as its written in theory, theory has a lot to answer for.

 

god bless you

Edited February 9, 2010 by jack1966
too personal

[Sali]

I'm not sure it is that we want someone to blame, but more that we need to understand how and why things went wrong and to feel that we have won justice for the person lost - and hope that lessons will be learned and the same mistakes will not happen again.

 

I think our healthcare system needs a big shake up. The current lack of accountability means that more and more individuals are being forced to litigate to expose incompetent doctors and 'not fit for purpose' hospital management. And then, so often, the punishments do not fit the crime.

 

I can only suggest you contact the AVMA to ask about the 3 year limit or any medical negligence lawyer (they surely cannot charge you for this question). Everything I have read says these rules are hard and fast, but then I'm not legally trained.

[Jogon]

I don't think you would have had a good case, there are too many variables and no real hard evidence of negligence on the midwifes part. It would be your evidence against the weight of the hospital? The midwife is not likely to admit to any negligence that is for sure.

 

A member of my family was operated on for a simple removal of a cyst from their ovary, 10 days later they were dead due to what we considered as negligence by the hospital. Two days after the operation we noticed they were looking a little jaundiced and spoke to the ward staff who stated it was perfectly normal and they'd keep an eye on her. The following day they were worse and altogether disorientated. We again spoke to the ward staff who said it was probably a reaction yo their medication post op. We called our own GP into the ward who immediately scaled things up and she was taken back to theatre and 12 hours later she was taken by police escort via an ambulance to a different hospital. Approx 8 days later she was dead having never gained proper consciousness from the second operation.

 

What had happened was at the first operation when the cysts had been removed the surgeon had caught/cut the bowel which went unnoticed by the team operating. The bowel obviously houses waste material which is why her defences were up and she was jaundiced and then because of serious infection she became disorientated.

 

Peritonitis is what she had and which was left unchecked because of lack of care starting from the surgeon down to the ward staff.

 

We tried taking it further, not for the money but more to try and prevent it from occurring again, the surgeon had already had other complaints against him but eventually and after 2 years of trying to obtain evidence etc the case was dropped as the solicitors (we took a second opinion) both stated that whilst they could see there was a case to answer it was unlikely we would get the evidence we needed or a surgeon to give evidence etc etc.... That was 16 years ago and although times have changed and people are more accountable it is only those cases that have the most compelling evidence that tend to win out in the courts.

 

Your post seems to suggest that you're still even now 4 years on unable to quite come to terms with your daughter being stillborn ...Forget about the local authority, concentrate on yourself, it's you that needs closure but it's not going to happen in the courts.

 

 

[jafoole]

Thanks again for you responses

 

 

Jogon. I am so sorry to hear of your family members death after being treated so badly.

That is horrendous

 

 

I probably know deep down that the midwife will never be held accountable and I have all but come to terms with my daughters death but every so often It pains me to think that the midwife's referral and a few simple tests could have saved her and I would have my little four year old, instead I visit her grave.

 

 

It also doesn't help that every time I think about that day with the midwife in question she really couldn't be arsed. It was like I was inconveniencing her with my concerns. I was an “over reacting mother”

 

 

the whole process was never about money they could keep that I just wanted the midwife to see that due to her “can't be bothered” attitude I am without my child and maybe with an attitude like this, she shouldn't be in this profession.

 

I think my question has been answered..

 

Thanks again

[Sali]

I have had not a disimiliar experience to yours Jogon.

 

I am left with no confidence or trust in the NHS. I actually think now that privatisation may the way to go. Accountability and transparency can only lead to better care.

[vandermerwe]

Hi jafoole

 

I've been referred by AvMA to an allegedly fine firm of medical negligence solicitors but haven't got past arguing over whether or not they will take on our case.

 

Obviously I am giving it my best go, but to me the situation is one without defence:

 

1. The NHS has a duty of care to patients;

 

2. That duty of care (in the case of my wife) was to provide specific treatment in accordance with NICE protocol;

 

3. It failed to so provide over a weekend as the required medical professionals were not (or ever were) available during the period between 17.30 hours on a Friday and 08.30 the following Monday;

 

4. I am now left with a highly intelligent and literate, but semi-paralysed, wife.

 

What does this wretched health service of ours want? For her to waste away and die?

 

Regretably - according to our son who, thanks to our upbring and support,

was made a Fellow of the Royal College of Surgeons at the age of 27 - had to agree 'yes'.

 

Sorry this is of no help to you in your situation and all I can do is include you in my prayers - as I do for others in similar situations.

 

Van