Potential Down Syndrome Diagnosis - Result Negative

Thumpette

McCrack wrote: »

100's of millions of compensation is paid out each year by the State Claims Agency to victims of medical negligence so really there are many instances of "hard working medical professionals doing their job".... incorrectly

I'm all for calling to account when genuine negligence happens. A case like this leading to any sort of legal outcome would be an insult to anyone who has had legitimate negligence. I know multiple people who have had their baby die because of mismanaged labour, incomplete scans, appropriate screenings not being done. A friend of mine whose full term baby died because of mismanaged labour was approached by a porter as she held her child with a bodybag to put her in. The other people on here who are supporting the op in telling him he has a right to have his grievance heard are at least doing it from thr perspective of closure for him and feedback always being useful. While I envy the OP for considering this a trauma, I can see that he was obviously shaken up by the experience. I think your compo grabbing atitude is gross. You haven't given any supporting ideas about what you would have expected to be done differently and have ignored the genuine concerns of other posters that in fact taking a legal case here not only misdirects hospital resources but may lead to hesitation in a future case for fear of legal action

I suspect and hope that the OP with the wisdom of time with his healthy baby and the perspectives on here has seen that the medical team were doing their jobs.

brokensoul

McCrack wrote: »

Well you see parents because they have a sufficiently close connection to their child can have a cause of action for negligently inflicted psychological injury suffered by them as a consequence of some act or omission on the part of the HSE when treating their child (assuming a public hospital involved with the OP).

The ability therefore to take action is not "severely constrained" as you state - the ordinary principles of proximity apply and the parent/child relationship is as close as one can get in law.

Again the appropriate and independent person the OP should consult with for advice is a solicitor specialising in personal injury/medical negligence law who will take up the obstetric chart and the OP's own medical notes and having taken full instructions advise the OP on their entitlements (if any).

Next of kin psychological injury is not a cause of action. You can't sue a hospital because you might have gotten bad news but then you didn't. There is no legal case here.

You can sue if the hospital make an error (which they didn't here) which lead to an adverse outcome for the patient (which it didn't here). That is the only scenario where a med neg case can exist.

By all means go a Solicitor who specializes in this area. They will take up all the notes and send them to an independent medical expert in order to get a report on which proceedings could be based (which is necessary in order for med neg proceedings to be instituted). The report will state that there aren't grounds to sue though and it will cost somewhere between €1500 and €2500 plus vat by the time the medical expert and solicitor give their advice. Maybe the OP would consider that worthwhile for the peace of mind of knowing 100% that they don't have a case.

But I would bet any money that that will be the outcome.

waterfaerie

I think people are being very harsh on the OP. From my understanding, they are not looking for compensation but just wondering if they have grounds for complaint about the way they were dealt with.

OP, I can totally understand why you would want to complain. From my experience, many medical professionals are very cold, blunt, harsh and lacking in empathy. The first couple of weeks with your baby are so precious and you can never get that time back.

Of course they did the right thing in investigating but if you feel they could have dealt with you more gently then you should complain and let them know. If you feel they should have considered the effects of the Pethidine in their investigations you should query that as well and demand some information from them regarding the possibility of long term effects. That information should have been communicated to you immediately and you shouldn't have heard it as an afterthought through the PHN.

I think people are very focused on the fact that the doctors took the correct medical action and also on the fact that the OP should count their blessings that the baby is healthy. While both of those things are true, I believe people have the right to be treated in a more human manner when going through such fearful experiences and if the OP feels that this was lacking it is absolutely grounds for complaint, not as a legal issue but rather as a matter for the hospital management in terms of service improvement.

Wesser

Op. never said anything about not being treated in a human manner.

waterfaerie

Wesser wrote: »

Op. never said anything about not being treated in a human manner.

Nor did they mention legal action or seeking financial compensation yet some people are having a go at them for that.

I suppose I am making assumptions based on my own experiences and those of other mothers I know but it is quite reasonable to conclude that if the OP was treated with empathy and compassion, regardless of the outcome, they would probably not be thinking of complaining.

You might think my wording is extreme but that is the reality of healthcare here. Unfortunately, most people accept being treated like a number without questioning it or considering complaining. The problem is the healthcare workers are afraid to say anything comforting or reassuring in case there is a problem.

If only they realised that a bit of reassurance and hope is what would help get someone through a scare like that. Regardless of the outcome, the way the patient is dealt with would make an enormous difference to the extent of the psychological impact an ordeal like that would have.

I would take a very good guess that if the OP and their baby were as well looked after emotionally as they were medically, they would probably not be posting this here now.

McCrack

brokensoul wrote: »

Next of kin psychological injury is not a cause of action. You can't sue a hospital because you might have gotten bad news but then you didn't. There is no legal case here.

You can sue if the hospital make an error (which they didn't here) which lead to an adverse outcome for the patient (which it didn't here). That is the only scenario where a med neg case can exist.

By all means go a Solicitor who specializes in this area. They will take up all the notes and send them to an independent medical expert in order to get a report on which proceedings could be based (which is necessary in order for med neg proceedings to be instituted). The report will state that there aren't grounds to sue though and it will cost somewhere between €1500 and €2500 plus vat by the time the medical expert and solicitor give their advice. Maybe the OP would consider that worthwhile for the peace of mind of knowing 100% that they don't have a case.

But I would bet any money that that will be the outcome.

Wrong.

Google and read Kelly v. Hennessy - an Irish Supreme Court decision.

brokensoul

McCrack wrote: »

Wrong.

Google and read Kelly v. Hennessy - an Irish Supreme Court decision.

I am well aware of that case. It relates to an actual injury caused by actual negligence though. There is neither negligence nor injury in this case.

McCrack

If you are aware of the Kelly decision how can you reconcile the statement you made that "next of kin psychological injury is not a cause of action"?

brokensoul

McCrack wrote: »

If you are aware of the Kelly decision how can you reconcile the statement you made that "next of kin psychological injury is not a cause of action"?

It is not a cause of action in this case. Sorry if that wasn't clear in my post.

McCrack

brokensoul wrote: »

It is not a cause of action in this case. Sorry if that wasn't clear in my post.

You cant possibly make that assessment in the OPs case without taking full instructions, taking up the medical notes and seeking an appropriate expert opinion from the UK..and that's making an assumption you're legally qualified in the first instance to do so

brokensoul

McCrack wrote: »

You cant possibly make that assessment in the OPs case without taking full instructions, taking up the medical notes and seeking an appropriate expert opinion from the UK..and that's making an assumption you're legally qualified in the first instance to do so

I disagree.

For a medical negligence case you need to be able to show negligence and injury. From the information given by the OP there is no evidence of either. If you can see evidence of either then feel free to outline it.

I assume that if the OP is minded to take legal advice on this then they will do so regardless of the opinion of someone on a message board, I just thought it might be worth pointing out the costs of same and my opinion on the likely outcome.

McCrack

You need to show a little more than "negligence". A breach of duty, causation and injury are the ingredients necessary in any medical negligence case.

I think there is merit in the OPs situation worth exploring. I advised the OP to consult with a solicitor for an independent exploration and review. You cannot make a assessment based on the information given. It needs proper investigation and the OP should not be discouraged.

brokensoul

McCrack wrote: »

You need to show a little more than "negligence". A breach of duty, causation and injury are the ingredients necessary in any medical negligence case.

I think there is merit in the OPs situation worth exploring. I advised the OP to consult with a solicitor for an independent exploration and review. You cannot make a assessment based on the information given. It needs proper investigation and the OP should not be discouraged.

Can you explain what you see as being worth exploring?

pwurple

All I see here is an opportunity for the OP to hand their hard earned money over to a member of the legal profession.

McCrack, are you hawking your trade in here?