Anyone taking legal action against the NHS — Scope | Disability forum
If we become concerned about you or anyone else while using one of our services, we will act in line with our safeguarding policy and procedures. This may involve sharing this information with relevant authorities to ensure we comply with our policies and legal obligations.

Find out how to let us know if you're concerned about another member's safety.

Anyone taking legal action against the NHS

Albysmum Member Posts: 10 Listener
Hi was looking to chat to anyone who is taking the NHS to court or have already been through it. I never knew when we started 2 years ago it would be this hard, we have our conference meeting in July and it has taken over my life, I dont know if its worth it, all these feelings are making me go crazy, all I can do is think of the case and the anger just makes me feel depressed Thanks Jo


  • MidgeCaryer
    MidgeCaryer Member Posts: 6
    I "went through this" about 20 years ago, finally settling about 16 years ago. I am not quite sure why you find it hard. I found it quite interesting and useful. You get to know exactly what happened at the birth (I assume it is to do with the birth) as sometimes hospitals are less than forthcoming when they think there might be a case. And you get honest assessments and reports of your child that are not written with a view to not spending money on him or her - as educational assessments can be. AND you get to visit interesting barristers chambers and the High Court which is fascinating. I always took the view that taking action was worth it for these things, even if we didn't win. We did win and the money was useful - but now we have problems that our local council won't offer any help because of the money. Are you sure it is the court case that is making you angry and depressed?
  • teuta
    teuta Member Posts: 2

    My son is 1 year and 2 months old. He was conceived via IVF and being pregnant was the best year of my life. Long and short I went into labour, he was in distress, they lost his heartbeat 5 times, both me and my husband asked for a C-section and they said no, he stopped breathing and when they decided to do the C-section both theatre rooms were booked (!!) so he suffered 30mins of lack of oxygen. He has severe quadrepilgia. We started legal proceedings when he was 3 weeks old. We got our first doctors report in Feb which confirmed our suspicion that he should have been delivered earlier.

    I thought I would come to terms with it but honestly I cry at least twice a weak and I feel like I am walking around will a bullet in my heart. I think of the doctors who probably cann't even remember but each day I have to remember thmy and yes I am very angry. You are not alone.

    We have our conference call in Sept. I would love to chat to you and would happily give you my mobile no.
  • kingyclan
    kingyclan Member Posts: 17
    I can relate to what you say. We settled in 1994 and I was also consumed by the whole thing by the end. At two years in you still have a journey ahead of you. If and when you settle it WILL all be worthwhile and truly an award makes a world of difference to your whole families quality of life compared to without. IF the case collapses or settles for a small amount you may well feel as though its not been worth it but even if that is the case, you at least will know you've done your utmost.

    Could it be that you are focusing your emotions and anger on the case? - a quite natural defence I think when you are emotionally battered. This might be a time to try and step back and consider if you need help dealing with it all; counselling, medication a good old fashioned workout. Let the solicitors do their job and give yourself some time off if you can possibly do it.

    Good luck.
  • Albysmum
    Albysmum Member Posts: 10 Listener
    Hi again, Thanks to everyone who has left messages, glad i'm not the only one feeling like this and to know that cases can be won. Teuta I would love to chat more looks like we are feeling the same and at the same stage with our legal cases. I can't leave my email address or mobile number on here, but I can give you my facebook user name and you can contact me it's Jo Mchugh Sherlock, if you cant find me let me know, Hope to hear from you soon Jo
  • LizzieD
    LizzieD Member Posts: 4
    I posted a question like this a few years back when I was feeling much like you - and was disappointed that not many seemed to have been in the same place. It may be interesting, but it is also hugely stressful as well - partly because everything takes so long, and even when you have a good case the outcome is still uncertain. Ours took 8 years, or thereabouts. I thought once we got to the Conference stage, it would speed up, but I think that still took any two/three years. In the end we settled - a good settlement, but that left certain things undecided, as the final stage, Quantum, is when the arguing about who pays for what gets done.

    Since settlement, our involvement with the Court of Protection has continued to complicate our lives. I am pleased that at least my daughter has some long-term financial security - but there have been moments when I have felt like giving it back!

    I would have found it helpful to have others give me some idea of what to expect - lawyers aren't always that good at explaining things. Good luck - and keep us informed. I hope someone will help or find it helpful themselves. And at least you can vent!
  • DebforAdam
    DebforAdam Member Posts: 2
    I've only just started using this site and this was really useful information to see - we're in the very very early stages of thinking about legal action re our problem birth - and my son i just turned 5. I couldn't have faced doing it during the first few years when I was just so angry every time I thought about it all. I think after a few more years, I can now envisage being able to face this situation more calmly - and whilst my anger hasn't subsided, I can now see beyond it and hopefully when we do start the process, I'll be better able to handle talking about it all, having gone over the story hundreds of times for every medical appointment and all the statementing process for the last 5 years!
    It was really useful to get some sort of feel for how long the whole process might take and also worrying re the comment that the council now won't provide any help due to the award..... can imagine my local council being prett tight too if the Statementing is anything to go by!

    Will no doubt be checking in as and when we get our process under way.

    PS - any advice re legal aid? We've also been told that hte legal expenses cover under our house insurance in place at the time of the birth might respond but don't know to what extent and what sort of advise we'd get. Anyone got any experience on this front?
  • KatieR2
    KatieR2 Member Posts: 28
    I have a dispute going on with social services because they took away my support worker. Its a bit scary but I felt that I didn't agree with the decision so I wrote a letter detailing why that is and the problems it is causing me. Now its about 4 years later and we are still having meetings about it! that is a bit wierd but I can't pretend that I agree with it like some people who are too browbeaten to speak you know, I hope that I don't get like that. Sometimes its just too hard to fight things. Other times you think no I just can't and won't accept this considering the risks to me that it means

    thanks for listening
  • EvesDad
    EvesDad Member Posts: 2
    we are into our seventh year of a malpractice case. No it does not get easier when you have to re-live the problems of the birth rather than forget about them. Case goes to court in January 2012, but could be settled earlier.
    It gave no comfort to find Dr. Isiavwe, who delivered Eve, was brought before the GMC for bad practice, fondling patients and generally not sounding very professional - if only we could choose the doctor before delivery. As we do not get help from DHSS with any care - maybe it will not matter if we get a settlement!
    Will let you know of the outcome.
    Eves Dad
  • KatieR2
    KatieR2 Member Posts: 28

    good luck everyonewith your apeals. Its like 'being on trial yourself' and not easy if you are unwell or a carer as well. But its worth fighting for and it helps other people to fight like the people in Birmingham did. Hats off to them woot!


Complete our feedback form and tell us how we can make the community better.