Sometimes unfortunate outcomes in birth may be unavoidable and there may have been nothing that could've changed what happened to you or your babies. At other times, mistakes are made or different actions could have improved the outcome.
Where errors happen, it's often a system issue rather than one individual. If you feel the care you received was not good enough, it's important to consider making a complaint. This can help make sure failures are addressed so mistakes are less likely to happen again.
Twins Trust can't give you direct legal advice or support. The information on this page can help you take your first steps towards making a complaint or taking legal action. We'd advise getting professional legal help if you decide to take legal action.
How to make a complaint about your care
If you feel the care you received during pregnancy or birth was not as it should've been, you're entitled to make a complaint. All hospitals have a complaints procedure and you can find more information about this on the NHS website.
You might find it helpful to speak to someone who understands the complaints process first. The Patient Advice and Liaison Service (PALS) is a free, confidential and independent service that's available at most hospitals. You can speak to a PALS member who will try to resolve issues with the hospital before you make a formal complaint. You can also seek advice from third parties at any point, including Action against Medical Accidents (AvMA).
What to include in a formal complaint letter
If you make a formal complaint, address your letter to the Chief Executive of the Hospital or the Trust or Board. To make your letter as effective as possible, include:
- Details of what happened and when, plus the names and positions of those involved
- Why you're unhappy with the care you received
- The specific questions you'd like answered
- What you want to happen as a result, such as an apology, an explanation or a specific action
- A request for a full investigation
- A request for a copy of any Untoward Serious Incident Report or Root Cause Analysis Report
- A request for a response in line with the NHS Complaints Procedure
You should receive an acknowledgement within one week, with a timeline for when you can expect a response. If the response is delayed, you should be kept informed.
When you might consider legal action
If you feel the treatment you received was negligent, resulting in injury or harm to you or your babies, you may be able to make a claim for compensation. This may also apply if you experienced the loss of one or more of your babies.
Legal action may result in a financial settlement to compensate for the damage caused. This can help secure appropriate care and support for babies left with permanent lifelong disability. It's important to understand that a successful medical negligence claim won't necessarily result in an apology, a change in medical policy or the health professional being disciplined.
To pursue a legal claim successfully, you usually need to show that the care fell well below an acceptable and reasonable standard. You also need to show that the harm or loss was a direct result of that negligence, or that negligence materially contributed to it.
Choosing a law firm
Pursuing a medical negligence claim can be a stressful experience. It can be complicated and you may need to go over what happened many times. It can also be time-consuming, with some cases taking years to complete. If the hospital accepts that mistakes were made, a case may be concluded more quickly.
It's essential to speak to an expert lawyer if you're planning to make a medical negligence claim. When choosing a firm, it may help to check where the firm is based and how you'll keep in touch, their experience and expertise in medical negligence and whether they're accredited by APIL, AvMA or the Law Society.
It also matters that you have a good relationship with your lawyer. You may spend a lot of time with them, so it's important you feel comfortable and confident in how they'll handle your case.
Before contacting a law firm, gather as much information as you can. You should be offered a free initial consultation where the firm will make a preliminary assessment of your case and decide whether it's strong enough to proceed. They should also advise you about funding options, so you understand any financial risk to you and your family.
Twins Trust legal partners
All of Twins Trust's legal partners hold accreditation with the Law Society, AvMA and/or APIL. They've had many successful outcomes with medical negligence cases, including those involving multiple births. We recommend you contact two or more lawyers for an initial consultation before choosing a firm. It's also important to know that:
- Twins Trust does not receive referral fees from the law firms listed
- Your contact with a law firm is confidential between you and them. Twins Trust is not involved in the process and won't be aware of any contact you have with the legal panel
Our legal partners
Published
