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Hospital admits negligence

Hospital admits negligence

Postby maz1974 » Mon Jun 09, 2014 1:13 pm

Afternoon All,

I have previously posted here about the neonatal death of my son and bad treatment of my newborn daughter.

My husband and I recentley had a meeting with a very senior doctor at one of the trusts involved in my pregnancy with our son. The doctor admitted that they failed to carry out a proceedure that was required and that had our son of had this proceedure he would be alive.

The thing is I have nothing in writing.... he said at the time that we have 2 choices... to make a claim which he said he will not contest, or 'to draw a line under it today and get on with the rest of our lives' !! I am taking things further as his attitude stunk... no apology, no mention of learning from this mistake.. nothing ...

I have a solicitor who is looking at this, but the 3 year anniversary of our sons death is this month. He is going to request an extension for the 2 trusts involved and if they say no he will put papers into court.

My question, being as the doctor has admitted liabilty... do we still need a medical expert as we are having trouble getting one??

Thanks

Maz
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Re: Hospital admits negligence

Postby atticus » Mon Jun 09, 2014 1:27 pm

Your solicitor must advise you on that. This is an important decision, and you must discuss it with your legal advisers.
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Re: Hospital admits negligence

Postby Slartibartfast » Mon Jun 09, 2014 5:17 pm

What a bizarre situation.

The research suggests that most bereaved families are mainly looking for sincere remorse and a commitment to improve the deficient procedure. A face to face apology from medical staff is the gold standard of clinical error resolution, but utterly pointless if the doctor is going to adopt the attitude described.

You must decide, but if I were in your shoes I would sue and donate the proceeds to charity.

Don't rely upon a verbal admission, which may be denied or minimised later in court. If you're going to court, assume the worst and prepare to prove your case.
"Judicial tergiversation is not to be encouraged"
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Re: Hospital admits negligence

Postby dls » Mon Jun 09, 2014 5:50 pm

Be clear with yourselves and your lawyer just what you want out of this. The damages payable for the death of an infant are relatively low, and can feel like an insult. It depends on the circumstances. Talk to your lawyer.
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Re: Hospital admits negligence

Postby maz1974 » Tue Jun 10, 2014 10:08 am

Thank you very much for your replies.

We are not taking this further for the money... I raise funds to supply our local hospital with memory boxes and cuddle cots, so any money received will indeed go to this.

The reason we are taking things further are.... the doctors attitute was so bad, like i said, no remorse.. he was laughing and joking through the meeting... slapped my arm a couple of times when i asked questions... to dismiss me.
I know i can not name those invovled, but this man is a world reknowned 'expert' and I was being treated at a specialist unit.

We were called up at 6 pm and was told we had to be at the hospital at 9.30 the following morning for an interuterine blood transfusion. ( I had antibodies in my blood and the titre level had risen alot)

When we arrived the 2 'research fellows' that we saw thought we were there for a routine appointment, we explained about the telephone call etc. but they wouldn't take any notice.

They did the scan and said that all was ok and to return in 2 weeks. My husband and I stood and argued with them but they wouldnt listen and refused to get somebody more senior for us to talk to.
Basically our sons heart becan to fail 9 days later, he was delivered by emergency c section and died 1 hour and 4 min later of Hydrops caused by aneamia.

at the meeting the doctor confirmed that the blood transusion should have taken place and that if it had, our son would still be alive.

We want more training for the research fellows and better transfer of information to stop this happening again !
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Re: Hospital admits negligence

Postby dls » Wed Jun 11, 2014 9:31 am

The reason we are taking things further are.... the doctors attitute was so bad, like i said, no remorse.. he was laughing and joking through the meeting... slapped my arm a couple of times when i asked questions... to dismiss me.


I can understand your anger, but court action is very unlikely to satisfy you or it. There is a better than even chance that it will leave things worse. That is not what the court tries to do, and it is bad enough at what it tries to do.

The doctor may have very poor people skills. In some areas that is almost a requirement of the job. It can need extraordinary confidence to operate on a child. That over-confidence can come at the expense of the humility necessary to talk properly to a family after the event.

I cannot know how you feel, but I do know what it is to lose a child. You can have only very few memories of your child. In five, ten and twenty years time, what you will need will be those memories. They must not be lost under a great big mudpile of bitterness.
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Re: Hospital admits negligence

Postby maz1974 » Wed Jun 11, 2014 10:42 am

Thank you so much for your response DLS. I am very sorry to hear that you too have a child in heaven.

I understand what you are saying and beleive me I have argued with myself over the same. If he had promised changes or retraining... anything to stop this happening again I may have felt differently but he was so indiffernent.
I can understand him being this way in certain circumstances but not during a meeting to discuss what went wrong at that final appointment with them.

I feel that I did not lose a child, he was stolen from me by these doctors and the incompetance of the system.
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Re: Hospital admits negligence

Postby maz1974 » Mon Nov 24, 2014 11:39 am

Morning all,

I am hoping you can help me.

Last week I received the 'medical expert' report. This expert has concocted a whole different / un proven senario.

He says I had a Fetel maternal heamorage, even though the test for this performed immediately after my son was delivered was negative. As well as ignoring and dismissing that result he also says that the Howell Jolly bodies found in my sons blood wasnt there and the lab must have made a mistake. ( these cells are only found in Heamolytic aneamia in a newborn, which is what my son dies of.
During a telephone call between the 'expert' the solicitor and me, the 'expert' admitted to working with the doctor who admitted the mistakes for over 10 years and even offered to give him a quick call to discuss the case... meaning they are obviously friends !! can someone please advise if this should happen. !

Thanks

Maz


My solicitor now wants to drop the case,
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Re: Hospital admits negligence

Postby Voldemort » Mon Nov 24, 2014 12:46 pm

Maz, many doctors in highly specialised areas of medicine will have worked together at some point; hence this is probably less of a concern unless they currently have some kind of working relationship.

Your solicitor should verify the lab results and the procedures that were followed for all the tests that the expert witness says were wrong.
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Re: Hospital admits negligence

Postby atticus » Mon Nov 24, 2014 1:16 pm

I have the impression that this expert was engaged by your solicitor, not the hospital/Trust. Is that correct?

There may have been a failure in checking the independence of the expert. You could ask your solicitors how that happened.

But the real question is whether truly independent expert evidence would be different.
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