Posted by Kerstin Scheel, Partner
Birth Trauma Awareness – making a complaint about a birth
The Birth Trauma Association is running their annual awareness campaign from 6-12 September 2020. Many women have been urged to share their experiences with each other and their own personal stories and journey to recovery, the charity’s research suggesting that some 30,000 women annually suffer from birth trauma.
Recovery from a traumatic birth is certainly a slow process and one that shouldn’t be rushed. Time is needed to heal and come to terms with the fact that a birth may have gone badly wrong for mother or child or, sadly at times, both. The way each mother will deal with her experience will vary greatly and there is no right or wrong path to take, indeed the charity acknowledges the “baby steps” needed on the journey to recovery.
Once time has passed and the initial shock of events has sunk in some mothers feel the right time may have come to make a formal complaint about their experience to those responsible for undertaking the delivery, whether it was a birth in the community or in a hospital/maternity unit setting.
De-brief meetings – what to expect and what to consider
Many maternity units now offer what is called a “debrief meeting” after a birth with the clinicians involved in your care, alongside a senior midwife or consultant.
The purpose of the de-brief meeting is to allow you to express your concerns about the birth and what you felt went wrong, and to hear the response of the NHS staff who cared for you during that time. This may not bring you full resolution but should help you to feel that your concerns and feelings about the birth have been listened to and heard.
The advice we have heard from our clients about these meetings includes:
- Wait until you feel physically and mentally better before you attend the meeting, this may be up to six months or more after the birth;
- Ask for a copy set of your maternity records (these should be provided for free) so you can review your records and refresh your memory;
- Wait until you are getting some more sleep so that you can think clearly ;
- Write down your story, feelings and questions in advance so you don’t forget to express and ask on the day;
- Bring a friend or loved one to the meeting with you for support and to write down notes for you;
- Ask the hospital for a letter after the meeting which summarises what was discussed and the conclusions reached.
All medical staff are now subject to a legal Duty of Candour. This means that they must be open and honest with you in giving an explanation of what happened during the birth, and should apologise if a mistake was made.
Making a formal complaint
You may or may not wish to have a de-brief meeting with the medical staff. Whether you do or don’t is a personal decision and doesn’t preclude you from making a formal written complaint to the Hospital Trust involved in the birth, which is a separate process.
You can engage the services of the Patient Advice and Liaison Service (PALS) in making a complaint. Please see our guide on making complaints for more detailed information on how to do this, however the main advice is to set out a brief, clear chronology of what happened followed my a clear list of complaints you have. If you send in a well written complaint you are likely to receive a better quality of written reply.
Many hospitals stopped accepting complaints or requests for debrief meetings during the peak period of the Covid-19 pandemic, however this system should now have re-opened in most hospital Trusts.
Early Notification Scheme
The early notification scheme is a new system whereby the NHS seeks to investigate serious complications at birth early on; this only applies in cases where the baby has suffered oxygen deprivation at birth with evidence of a brain injury. Much more detailed guidance on this scheme can be found here.
This scheme is separate to any investigations which may also be undertaken concurrently by the Health Safety Investigation Branch (HSIB). If you have a concern about your maternity care you may be referred by the hospital automatically under this scheme or you may refer the matter directly yourself. More information can be found on the HSIB website: https://www.hsib.org.uk/maternity/
Undertaking a de-brief or complaint may seem daunting at first, however once the first step is taken in initiating the process you should be provided with support and encouragement from the NHS Maternity staff.
The emotions surrounding birth trauma are complex and will range from anger, grief, jealously, resentment to hopelessness. If you are feeling depressed or struggling to cope it is important to reach out to your community midwife or GP for more advice and treatment. Your GP should assist you in accessing therapy or counselling if that is needed in due course.
The Birth Trauma Association has much more information on the support it offers on its website, and there is a private Facebook page for members to share openly their experiences and to offer support and advice to one another.
If you have any questions for our Birth Injury experts about making a complaint following a birth, please contact us today.
0800 923 2080 Email us
Medical negligence solicitors who understand what you’re going through