Homerton Healthcare NHS Foundation Trust

5. Mrs G complains about the following aspects of care and treatment from the Trust from 13 March 2024. She specifically says the Trust:

• did not give her any direction or guidance which would help progress her labour. Mrs G also feels the Trust allowed her to get into a bath too early • pressured her to go home and wait for her labour to progress • did not act on bleeding she experienced whilst she was in labour • Did not insert a cannula correctly.

6. Mrs G says she feels robbed of the joy she should have experienced following the birth of her daughter. She also adds this was her first baby and she has been left so traumatised that she will not have another child. She also says she feels like she was not listened to and people did not take her pain levels seriously.

7. Mrs G says she suffered from placenta abruption which she feels should have been diagnosed much sooner. She also says the Trust’s lack of direction and guidance meant her labour slowed down and led to her needing a caesarean section.

8. She also adds due to the cannula not being inserted properly she now suffers from nerve pain which impacts her holding her baby and other everyday tasks.

9. Mrs G is looking for an apology, an explanation of what happened, service improvements and a financial remedy.

10. Mrs G was pregnant with her first child. She had previously been diagnosed with uterine fibroids.

11. On 11 March 2024, Mrs G put together a birth plan with the help of the Trust.

12. On 13 March 2024, Mrs G presented to the Trust as she had been having regular contractions starting in the afternoon of 12 March 2024.

13. By 10.30pm Mrs G’s contractions have become irregular and spaced apart.

14. On 14 March 2024, Mrs G was sent home until her contractions were more regular and she is in established labour.

15. Later that day she presented back to the Trust. The Trust suspected she had a placental abruption and her baby was delivered by emergency caesarean section on the same day.

18. The law says we cannot investigate a complaint where a person has (or had) the option to take legal action, unless we consider this is (or was) unreasonable in the circumstances. We have discussed this with Mrs G to understand her circumstances and the outcomes she wants. We do not consider whether legal action would succeed but whether it would be a reasonable option to look in to.

19. Mrs G has raised concerns the Trust did not give her guidance or direction which would help progress her labour. Mrs G says she feels the Trust allowed her to get into the bath, and she was pressured to go home and wait for her labour to progress.

20. Mrs G feels because of this her labour slowed down and she ended up needing a caesarean section. Mrs G feels if she had more guidance her labour would have progressed much more quickly.

21. Mrs G feels this failing has led her to needing surgery, when this could have been avoided. She describes a potential breach in duty of care by the Trust.

22. Mrs G has also raised concerns the Trust did not act on bleeding she experienced whilst she was in labour.

23. Mrs G says the Trust should have taken note of her bleeding much sooner. She says if this had happened she would have been diagnosed with placental abruption much sooner and would not have needed a caesarean section.

24. Again, Mrs G describes a potential breach in the Trust’s duty of care in the delay in diagnosing her with placental abruption which she says led to avoidable surgery.

25. Mrs G also complains the Trust did not insert a cannula correctly. She says because of this she suffers with nerve pain which impacts day to day activities and holding her baby.

26. Mrs G again describes a potential failing in the Trust’s duty of care which has had a physical impact on her.

27. Mrs G is looking for an apology, an explanation of what happened, service improvements and a financial remedy.

28. Mrs G says she is looking for a financial remedy within level four on our severity of injustice scale which is between £1250 and £3700. This is a substantial amount.

29. While we can make recommendations on detailed investigation for financial remedies, the amounts we recommend are typically modest when compared with what can be achieved through legal action. Mrs G seeks a substantial amount of money and whilst it is something we could potentially recommend, it is more likely for Mrs G to receive amounts like this by pursuing a legal claim.

30. When we look into a complaint we do not consider breaches in duty of care in the same way courts do. We also do not achieve financial outcomes or award compensation like the courts.

31. When we have asked Mrs G why she has not sought a legal claim previously she told us she feels the court process would be too stressful for her after a difficult year and being a parent to a nearly one year old. She also told us she does not have the financial means to pursue a legal claim.

32. With regards to the legal process being too stressful we recognise Mrs G’s reservations regarding this. We also understand legal claims can be often be settled without a claimant needing to attend court and she would have a designated solicitor who would be working on her behalf. When we look at a complaint we do so impartially so are not on the complainant nor the organisation’s side.

33. We have considered Mrs G being concerned she would not have the financial means to pursue a legal claim. There are different ways of funding a legal claim, for example, on a no win no fee basis. There are solicitors and legal firms available for Mrs G to seek advice on a legal claim from. We have provided Mrs G with contact details of independent organisations who can offer her free advice on making a legal claim and finding a solicitor.

34. We recognise Mrs G’s concerns about looking into legal action. We are not persuaded the cost and stress of a legal claim is a barrier to Mrs G looking into her legal options at this point.

35. We understand Mrs G is also seeking apologies, explanations and service improvements as a an outcome to her complaint. These can also occur as a by product of a legal claim. However, if any of her outcomes remain outstanding after a successful legal claim she is able to come back to us.

36. Mrs G is also able to come back to us should she seek advice from law firms and they are unable to take on her claim. We would encourage Mrs G to seek legal representation in writing so if any solicitors or legal teams are unable to take her claim on, she can come back to us with evidence of who she has approached and why they cannot take her claim forward.

37. Should Mrs G choose to return to us with her complaint she must be mindful of our time limit and do so without delay.

38. We recognise this was Mrs G’s first child, and she had developed a birth plan and had hoped for a better experience during labour and birth. We wish Mrs G and her daughter well and thank her for sharing her experience with us.

1. We have carefully considered Mrs G’s complaint about Homerton Healthcare NHS Foundation Trust (the Trust) and we consider Mrs G could take legal action on the matter she has brought to us.

2. Mrs G complains the Trust slowed down her labour by not giving her any direction, allowing her into the birthing pool too early, and pressuring her to go home. She also complains the Trust did not act on bleeding she experienced during labour and inserted a cannula incorrectly. She says due to this she had to undergo an emergency caesarean section and also suffers from nerve pain which impacts every day tasks.

3. As Mrs G is seeking a substantial financial remedy, we would consider it is more appropriate for her to seek legal action on these parts of her complaint to achieve her outcomes.

4. We recognise Mrs G’s first birth experience was not what she expected it to be. We would like to thank Mrs G for sharing her experience with us, we recognise this has not been easy for her.