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Do I have a Negligence case?
hi there, I am wondering if any1 knows if i have enough to take out a negligence case against a hospital Maternity Unit.
The basics;
I was not told I had severe pre-eclampsia and was left to go overdue
I was not told i had Strep B until at 38/39 weeks i asked what i big yellow sticker meant on my file (at which point i was all ready for a home birth and my midwife from doctors had delivered my home birthing kit).
Doctors/midwife's failed to inform me of what my sons condition meant until he was 5 days old (high Billy Ruben Levels) and i had been attending hospital for 3 days for his daily blood test after discharging us due to a nurse saying he only had a little jaundice and it would only mean he may sleep through feeds and be over tired.
Midwifes failed to help me have any contact with my son until i could manage myself the day after he was born.
I have only just found out through a new hospital which i attend due to post birth problems that i had suffered from pre eclampsia, my son is now 18 months old. Could i have a case against them for negligence or misconduct. OR is it just a case of writting a normal compaints letter regarding the way i was tret?? SERIOUS ANSWERS ONLY FROM PEOPLE WHO KNOW!! I thank you in advance for your help.
( son recieved a cut to the head, although that hasnt effected him now. I have been pretty traumatised by the way i was treated and was terrified of having another child. I did not bond with my son properly and feel horrible that i missed out with that important contact for the first 12 hours of his life for no reason other than midwifes couldnt be bothered)
4 Answers
- DoethinebLv 710 years agoFavorite Answer
From what you say, neither you nor your son have suffered any long term ill effects from this, unless there is more to this business of post birth problems than you have disclosed. If the hospital's negligence had resulted in your son being injured or harmed in some way, or if you were suffering from some long-term condition as a result of negligent treatment, then you might get somewhere with an action in negligence. As it is, this sounds like a case for a complaint letter.
- Shorty54Lv 410 years ago
Negligent malpractice involves proving four elements - duty, breach of duty, causation, and damages. Of the four elements, "Damages" may be the most important. An attorney would want to know what injury you suffered because of their alleged negligence. Malpractice is big business in this country and physicians are sued all the time for their mistakes in treatment. Based on what you've stated, it does appear that you physician breached a duty to you but you've not shown how this breach has affected you. When you can answer that question, see an attorney to see if they're willing to build a case. In malpractice cases, many attorney's work on a contingency fee basis (usually 1/3 plus expenses) so it wouldn't hurt you to seek professional help. Consultation is usually free.
- JZDLv 710 years ago
You may in theory have a claim for medical negligence, but you have not sustained an actionable injury as a consequence of any negligence there may be, so on the facts you have outlined you do not have a viable claim.
In saying this I do not minimise for a moment what you went through, but sympathy butters no parsnips; and your trauma/distress/upset is not a medically recognised injury.
Source(s): I'm a lawyer - SarahLv 510 years ago
*treated
Seeing as it doesn't seem like you've been suffering from anything since, I would say that you should just write a letter saying how unhappy you were at how you were treated.
