Medical negligence complaint (Labour ward)

Medical negligence complaint (Labour ward)

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MartinM

Original Poster:

495 posts

214 months

Friday 5th November 2010
quotequote all
Has anyone here made a serious complaint about a labour ward? If so, all tips on the best way to go about it would be greatly appreciated.
Keeping it brief: My partner gave birth to our son on the 20th September this year. Yesterday her doctor examined her and found that they had left a large swab inside her.
This is extremely disturbing and was potentially fatal. Naturally, we want to take the complaint to the highest level.
As i say, any help from people who have experienced the same or similar is much appreciated.

Cheers


BlackVanGirl

9,932 posts

218 months

Friday 5th November 2010
quotequote all
PALS (Patient Advice and Liason Service) will be your first port of call.

Oakey

27,798 posts

223 months

Friday 5th November 2010
quotequote all
Lmfao, the exact same thing happened to my mother about 17 years ago, except, it wasn't a swab, it was a fking stainless steel surgical instrument. She had absolutely no luck in suing the hospital at that time although with todays compensation culture, etc I'd imagine you'd have better luck.

SGirl

7,922 posts

268 months

Friday 5th November 2010
quotequote all
Have a read round, this is alarmingly common... Have you spoken to a solicitor yet?

Mr Gearchange

5,892 posts

213 months

Friday 5th November 2010
quotequote all
Why would he want to speak to a solicitor to make a complaint?

SGirl

7,922 posts

268 months

Friday 5th November 2010
quotequote all
Mr Gearchange said:
Why would he want to speak to a solicitor to make a complaint?
I never said he would. I was only asking. smile

davhill

5,263 posts

191 months

Sunday 7th November 2010
quotequote all
Sorry to hear of it.

The issue arose that my mother suffered neglect in a care home...18 days after going in there (for her own safety) she was dead. I approached the home itself, the NHS, the GP and the Care Quality Commission. None could help.

In this instance, Age Concern (Age UK) found that the local council was the one to complain to.

In your case, you might try the outfit that has triggered an interal NHS investigation, although the NHS can't be held responsible for the (private) care home's failings.

The people to try are at The Parliamentary and Health Service Ombudsman's office. I started via their website at http://www.ombudsman.org.uk

They're very approachable and helpful but it's probably worth noting that on the questionnaire, they ask if you've gone for a 'legal' approach, i.e. solicitors. It may be best to speak to them first before commencing a law suit.

Hope this helps.

sawman

4,963 posts

237 months

Sunday 7th November 2010
quotequote all
SGirl said:
Have a read round, this is alarmingly common... Have you spoken to a solicitor yet?
presumably the OP wants to make sure his OH is treated appropriately and the swab is retrieved. Quite how a solicitor is going to achieve this I fail to see.

He (or al least the lady in question) needs to be talking to her doctor, who is no doubt as upset about the revelation as her. They also should contact PALS, no doubt an investigation will occur. Hopefully helping to reduce the likelihood of a similar event occurring agsin. Such investigations can be very useful in identifying contributory factors leading to a mistake being made. There are strict protocols in place regarding swab counting.


davethebunny

740 posts

182 months

Sunday 7th November 2010
quotequote all
first port of call is with ICAS

http://www.seap.org.uk/icas/

they will get involved and draft letters, chase responses etc.

We are currently in the first throws of a medical negligence case with our infant and they've been great.

JABB

3,589 posts

243 months

Sunday 7th November 2010
quotequote all
rolleyes
SGirl said:
Have a read round, this is alarmingly common... Have you spoken to a no win, no fee lawyer yet?
EFA

Edited by JABB on Sunday 7th November 22:22

jeeperz0

54 posts

223 months

Sunday 7th November 2010
quotequote all
was it a natural birth, or c section?

anonymous-user

61 months

Sunday 7th November 2010
quotequote all
Speak to the hospital and administrators etc to try and get 'procedures' changed to prevent it reoccuring.
hopefully if you have a fit & well new baby & your partner is well and sorted. An apology and procedure change may suffice.
we had a 'labour' ward issue a few years ago caused by a 'dopey/tired' midwife not reading the BIG WRITTEN up notes we got an apology & procedure change which is what we were after. Cash may well have come in handy but that was't our issue.
I wonder how many people would probably go for the cash option & leave the underlying issues unchanged ?

Lois

14,706 posts

259 months

Monday 8th November 2010
quotequote all
^
Agree completely, it totally depends what you want out of it.

It's really important not to lose sight that you have a healthy wife and baby and also remember that no one* working in the NHS is out to cause you harm.

It's possibly a good idea to try and arrange a meeting with your wife's consultant. That way they can go through your case step by step and hopefully identify a cause if there is one and rectify it.

The current maternity system is severely overstretched at the moment, exhausted midwives and doctors are more likely to make mistakes through no fault of their own and are risking their careers turning up for work each day. There is currently a petition ongoing calling for a major overhaul of the maternity services to prevent such errors - please read http://www.ipetitions.com/petition/ukmw/





* excluding a teeny tiny minority of nutters.

SGirl

7,922 posts

268 months

Monday 8th November 2010
quotequote all
JABB said:
rolleyes
SGirl said:
Have a read round, this is alarmingly common... Have you spoken to a no win, no fee lawyer yet?
EFA

Edited by JABB on Sunday 7th November 22:22
Thanks for putting the words into my mouth. But if I'd meant NWNF lawyers, I'd have said so.

NDT

1,766 posts

270 months

Monday 8th November 2010
quotequote all
anonymous said:
[redacted]
And while a lot of them are hardworking dedicated people who have a vocation and may be under-rewarded, it's also worth noting that some are crap. And should be sacked. Just like in a proper organisation.

mph1977

12,467 posts

175 months

Monday 8th November 2010
quotequote all
anonymous said:
[redacted]
exactly

it is also important to remember the legal definition of negligence in such cases ...


i.e.

The existence of a duty of care,
That something occurred through the acts or omissions of someone with a duty of care ,and, That Harm resulted as a result of that something occurring.

mph1977

12,467 posts

175 months

Monday 8th November 2010
quotequote all
NDT said:
anonymous said:
[redacted]
And while a lot of them are hardworking dedicated people who have a vocation and may be under-rewarded, it's also worth noting that some are crap. And should be sacked. Just like in a proper organisation.
do you enjoy making libellous accusations on a routine basis, because it's abundantly clear you don't have the slightest clue about the competence procedures in place within the NHS for employees, and the statutory requirements made by the registration bodies ...

ever read through some of the professional discipline case outcomes ... it makers interesting reading just to see how 'little' it takes to strike someone off and for them to lose their job, pension and become effectively unemployable.

http://www.hpc-uk.org/complaints/hearings/archive/

http://www.nmc-uk.org/Hearings/Hearings-and-outcom...

http://www.gmc-uk.org/concerns/hearings_and_decisi...

JABB

3,589 posts

243 months

Monday 8th November 2010
quotequote all
mph1977 said:
NDT said:
anonymous said:
[redacted]
And while a lot of them are hardworking dedicated people who have a vocation and may be under-rewarded, it's also worth noting that some are crap. And should be sacked. Just like in a proper organisation.
do you enjoy making libellous accusations on a routine basis, because it's abundantly clear you don't have the slightest clue about the competence procedures in place within the NHS for employees, and the statutory requirements made by the registration bodies ...

ever read through some of the professional discipline case outcomes ... it makers interesting reading just to see how 'little' it takes to strike someone off and for them to lose their job, pension and become effectively unemployable.

http://www.hpc-uk.org/complaints/hearings/archive/

http://www.nmc-uk.org/Hearings/Hearings-and-outcom...

http://www.gmc-uk.org/concerns/hearings_and_decisi...
People don't care about the consequence though. As long as they stand to make a few quid. We should start a thread about how good these people are. It would be a longer thread.
Still, another compo case, less money in the kitty, more lay offs, less staff and more chance for errors. More people can then keep a leech employed, take up the offer of the no win no fee service, and drain the NHS even more.
I wonder what percentage of the budget goes to pay off people with nothing better to do.
Please keep going Lois, we need you. Don't be put off by the thought if you slip up one day, with a blink of an eye you could be finished. Don't let that stress get to you. Don't let the hours wear you down, please just keep going for us who appreciate what you do, and how much better you do it to say 30 years ago.

manic47

735 posts

172 months

Monday 8th November 2010
quotequote all
JABB said:
I wonder what percentage of the budget goes to pay off people with nothing better to do.
From the Times Online last year.... the shocking bit about the article was how much the legal profession take frown




These bills, of course, ultimately fall on taxpayers, who last year spent £400m on NHS-related legal claims. The potential liability on outstanding negligence claims could be as much as £12 billion of which, at prevailing rates, £6 billion could go on legal fees.


JABB

3,589 posts

243 months

Monday 8th November 2010
quotequote all
manic47 said:
JABB said:
I wonder what percentage of the budget goes to pay off people with nothing better to do.
From the Times Online last year.... the shocking bit about the article was how much the legal profession take frown




These bills, of course, ultimately fall on taxpayers, who last year spent £400m on NHS-related legal claims. The potential liability on outstanding negligence claims could be as much as £12 billion of which, at prevailing rates, £6 billion could go on legal fees.
That Times article makes me sick.