Please help, don't know where else to go.

Leon_Telford

Hi

Last year in March I lost my unborn daughter at 20 months old due to
Stafford Hospital falling to get correct a long standing internal
bleeding problem with my ex girlfriend. My ex had a life saving
operation which left her not being able to have any more children and
also with a large scar on her belly.

She got awarded about £600k in compensation. However she then started
a claim against the hospital for the loss of our daughter.

The hospital offered a out of court settlement for about £800k which
she rejected. Due to go to court in July.

Our relationship fell apart after the loss and she refuses to give me
any of the money, am I entitled to make a claim against the Hospital
myself? My name is on the headstone and I went to see my dead daughter and I think I put my name on the forms.

Verbally we did agree to share the money but nothing in writing. As
her Dad do I have any rights to make a claim? Have made a complaint to
the hospital and waiting to hear back.

Any help / advice would be useful.

Please help suffering from depression over this and want justice for
my daughter.

Thanks

ClareEmily

I'm really sorry to hear about the loss of your daugher.

However in the future you will be able to go on and have more children with a different partner, but your ex will never be able to have another child.

I think you need professional advice from a solicitor.

tuggy

How was she unborn, and yet 20 months old?

gingin_2

tuggy wrote: »

How was she unborn, and yet 20 months old?

OP sounds pretty distraught, I think we can assume it is an error and he means 20 weeks.

I am really sorry for your loss, Leon.

sarahs999

Sorry for your loss Leon. I think that Clare Emily's advice is right. Your ex is entitled to a claim because she will never be able to have children, whereas you will. However, I imagine if the hospital was at fault for the loss of your baby, you would be entitled to some compensation. I'm not a lawyer though, so you do need to take legal advice on this.

Sunshine12

I think though that the OP said his partner already received £800k for the problems which resulted in her not having any more children and the new claim is for the loss of their unborn child. If current new claim is not in joint names you may have to raise a separate claim but I would have expected that you have the same rights and entitlements to compensation as your ex partner. You definately need to go and see a specialist lawyer in this regard. Sorry for your loss.

Lotus-eater

In all honesty the first thing I think of, is, will you getting any money bring your daughter back for you?
I can't see you getting any money will get justice for your daughter. If you want justice, the hospital has already been fined, if you like.

However having not been in the same situation, I do not know how I'd feel, but I'm pretty sure money would be the last thing I'd think about.

I'm sorry for your loss, but I agree with Sarah, you need legal advice, this is too complicated to get any sort of an answer on here.

BigBlackcat

Firstly, I am so sorry for your loss...

I, too, fail to see how any financial compensation can make up for the tragic death of your daughter.
I have no legal advice to offer unfortunately..

Pixiechic

I too am very sorry for your loss.

Whilst I understand the pain that you experienced I too do not see why you should recieve any money.
Your ex is now in a position where she will never be able to have children, you are free to go and have another child that, although will not replace the one you lost, but should be of some comfort to you. That you may one day have the opportunity to have a child, imagine if that were not the case?
Also, she has had to suffer tremendously by the sounds of it, not just emotionally but physically too. Life saving treatment, a huge scar on her belly which will be a constant reminder of what she has lost and will never have again.
You say that you want justice for your daughter, well, in a way you have the hospitals guilt and an apology I hope. I don't see how you are entitled to any money or how you getting any of the money would equate to 'justice for your daughter'?
I don't want to sound harsh at all as you have been through a lot, but I don't think that you could honestly say that you have suffered in the same ways and to the same extent that your ex did.

I wish you all the best for the future and in time I hope it all gets easuer to deal with

not_tonight_josephine_2

Pixiechic wrote: »

I too am very sorry for your loss.

Whilst I understand the pain that you experienced I too do not see why you should recieve any money.
Your ex is now in a position where she will never be able to have children, you are free to go and have another child that, although will not replace the one you lost, but should be of some comfort to you. That you may one day have the opportunity to have a child, imagine if that were not the case?
Also, she has had to suffer tremendously by the sounds of it, not just emotionally but physically too. Life saving treatment, a huge scar on her belly which will be a constant reminder of what she has lost and will never have again.
You say that you want justice for your daughter, well, in a way you have the hospitals guilt and an apology I hope. I don't see how you are entitled to any money or how you getting any of the money would equate to 'justice for your daughter'?
I don't want to sound harsh at all as you have been through a lot, but I don't think that you could honestly say that you have suffered in the same ways and to the same extent that your ex did.

I wish you all the best for the future and in time I hope it all gets easuer to deal with

I would have to disagree. The ex has (quite rightly) received compensation already for the injury to her and the loss of her ability to have a child. However if there is a separate case for compensation for the loss of their daughter, then I believe the OP would have a case to claim some of the payout - the loss of a child can be devastating to a father as well as a mother.

I don't think the OP is under any impression that this will bring his daughter back (and presumably his ex isn't either), but as he has no doubt shared the grief and suffering I believe he should also share the compensation. Whether money can actually ever be a true compensation for something like this is a separate issue -that is just the way our legal system works at the moment.

OP, I'd agree that you need specialist advice. Good luck and I'm sorry for your loss.

Rockporkchop

I am sorry for your loss and I hate to say this but I don't see why you should be entitled to any money. You weren't married to your partner (which would have made all the difference financially) and although you have suffered a terrible trauma, you have not sustained any physical damage and life long consequences as she has.

Yes, it would have been nice if she had given you some of the cash to help you on your way but she hasn't so you need to move on with your life. You mention that you want justice for your daughter but surely justice has already been done if blame has been acknowledged and compensation awarded?

I really hope that you can eventually move on from this, meet someone new and have your own children. If/when that happens then, trust me, you will realise that no amount of money would have been enough to compensate your ex for the situation she has been put in.