Medical negligence complaint (Labour ward)
Discussion
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
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
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.
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.
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.
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.
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.
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.
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 ?
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 ?
^
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.
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.
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.
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.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...
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.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...
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.
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 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.
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 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.
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