Losing one or more of your babies is devastating. If you're trying to understand what happened during your pregnancy, birth or your babies' care, you may have questions about whether everything possible was done to care for you and your babies.
Sometimes, even when the right care is provided, the worst outcome can still happen. In other circumstances, there may be questions about the care received and whether anything could have been done differently.
If you're concerned about the care you or your babies received, you have the right to ask questions, seek an explanation or make a complaint. You may also wish to explore whether you have grounds for legal action. These are personal decisions, and there's no single right approach. You can take time to consider your options and decide what feels right for you.
Twins Trust can't provide individual legal advice, but the information on this page can help you understand the options available and where to find further support.
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 don’t have to navigate the process alone. 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 decide to 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're concerned that the care you or your babies received may have fallen below an acceptable standard, you may wish to speak to a specialist medical negligence solicitor to understand whether there's a basis for a legal claim.
In some circumstances, a claim may be possible following the death of a baby or babies. Whether a claim can be brought depends on the individual circumstances, the care provided and the applicable legal requirements.
Legal action may result in a financial settlement to compensate for the damage caused. 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 harm or loss was a direct result of that negligence, or that negligence materially contributed to it.
You don't have to decide whether to pursue a claim straight away. If you're considering this option, it's worth seeking specialist legal advice early, as time limits apply and the rules can be complex.
Choosing a law firm
Deciding whether to pursue a legal claim can feel daunting, particularly when you're already coping with the loss of your baby or babies. Legal cases can involve revisiting difficult experiences and may take considerable time to resolve.
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
You don't have to pursue a complaint or legal claim to seek answers about what happened. Whatever you decide, we hope this information helps you understand your options and find the support that's right for you.
