Barnsley Hospital NHS Foundation Trust

3. Mrs R complains about the Trust’s care and treatment before and during the birth of her daughter in September 2022. She complains:

• her category 1 c-section (emergency caesarean section) could have been avoided if a different standard of care was given • the Trust did not offer an internal examination during the balloon induction process despite meconium (a dark green faecal material produced in the intestines of a foetus before birth) being present • the Trust did not manage her pain well and there was a delay in giving her pain relief • the Trust did not recognise the immediate effects of the trauma she had experienced during the c-section. Her husband was not allowed to stay with her outside of visiting hours, despite him raising concerns about her mental health • the Trust did not offer any support in caring for her daughter after the c-section.

4. Mrs R says because of this:

• her husband was not at the birth of their baby, which added to the distress she experienced and made her feel alone and scared • she was unable to spend quality time with her family because she needed extra care and support for her daughter because of the major surgery. She feels she has been unable to bond with her daughter • she suffers with ongoing trauma and is waiting for psychological support for anxiety, flashbacks and intrusive thoughts • she experiences symptoms of a panic attack when she attends the hospital with her daughter and is unable to attend the hospital without support from her husband • she had concerns with keeping her daughter safe and was worried she would have ongoing health needs because of the delivery.

5. Mrs R would like:

• an independent investigation into what happened • financial compensation of £10,000 to help pay for private psychological treatment.

6. Mrs R had an emergency c-section on 13 September 2022.

7. On 19 October she made a formal complaint to the Trust about the c-section and the care she had leading up to this.

8. In early December, the Trust referred Mrs R to the hospital birth in mind psychology service because of the trauma she was experiencing after childbirth.

9. The Trust sent Mrs R its final response letter to her complaint.

10. Mrs R brought her complaint to us on 16 January 2023.

12. The Health Service Commissioners Act 1993 is the law that gives us powers to investigate complaints. It 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.

13. We have discussed this with Mrs R 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 into.

14. Citizen’s Advice says an individual may pursue a clinical negligence claim where ‘you’ve been injured as a result of medically negligent treatment’.

15. We understand Mrs R feels the Trust’s failings have had a big impact on her life. She is looking for a large amount of financial compensation for the impact this has had on her. This is something that could be dealt with as part of a clinical negligence claim.

16. Having considered the evidence Mrs R gave us, we have decided legal action would be the best route for her to achieve what she wants.

17. A court can independently review the complaint and decide if there has been clinical negligence. It can award financial compensation if it feels it is due. We hope this information helps Mrs R to progress her complaint and achieve the outcome she is looking for.

1. The Parliamentary and Health Service Ombudsman has carefully considered Mrs R’s complaint about the care and treatment she had from Barnsley Hospital NHS Foundation Trust (the Trust). We are sorry to hear about the ongoing impact this has had on her.

2. We looked at what Mrs R told us. Based on the outcomes she is looking for, we have decided it is better for her to use the legal process to pursue this. For this reason, we are not investigating her complaint further.