If you’re considering a medical negligence claim after childbirth, the process can feel daunting—especially if you don’t trust the hospital, the legal system, or PALS. The truth is, the strength of your case depends on the evidence you can gather. This isn’t just about paperwork; it’s about telling your story in a way that can’t be ignored or brushed aside.
What Evidence Matters Most
The foundation of any successful claim is clear, detailed evidence. The most important pieces include:
Medical Records: These are the official notes made by doctors, midwives, and nurses during your pregnancy, labour, and postnatal care. They include admission notes, labour ward records, operation notes, and discharge summaries. They show what was done, when, and by whom.
CTG Traces: If your baby’s heart rate was monitored during labour, the CTG (cardiotocograph) traces are vital. They reveal whether distress was picked up and how staff responded.
Witness Statements: Your partner, family, or friends who were present can provide written accounts of what they saw and heard. These statements can fill gaps in the official records and support your version of events.
Correspondence: Letters, emails, and even text messages between you and the hospital, PALS, or other professionals can show what was communicated, promised, or denied.
Your Own Notes: A personal diary or timeline of events, including your symptoms, conversations, and emotional impact, is powerful. It helps you remember details and shows the ongoing effects of what happened.
How to Request Your Records
You have a legal right to see your medical records. Hospitals must provide them within a set time, usually one month. Here’s how to get started:
Write a Request Letter: Address it to the hospital’s Medical Records Department. Be clear about what you want—“all records relating to my pregnancy, labour, and postnatal care, including CTG traces and operation notes.” Include your full name, date of birth, NHS number (if known), and the dates you were in hospital.
Keep Copies: Save a copy of your request and send it by recorded delivery or email. If you don’t get a response within a month, follow up in writing.
Template Request:
What If You’re Stonewalled or Records Are Missing?
Sometimes hospitals delay, deny, or provide incomplete records. If this happens:
Persist: Send a follow-up letter or email, referencing your original request. Ask for a clear explanation of any missing documents.
Escalate: If you’re ignored, you can complain to the hospital’s Information Governance team or the Information Commissioner’s Office (ICO).
Document Everything: Keep a log of your requests, responses, and any delays. This can be used as evidence of obstruction if your case goes further.
If records are missing, don’t panic. Witness statements, your own notes, and correspondence can help fill the gaps. Sometimes, the absence of records itself can be telling—especially if it relates to a critical moment in your care.
Keeping a Timeline and Diary
Start a diary as soon as possible. Write down:
Dates and times of key events (admissions, procedures, conversations).
Names and roles of staff involved.
What was said, promised, or explained.
Your symptoms, pain, and emotional state.
How the experience has affected your daily life, relationships, and mental health.
This isn’t just for your claim—it’s for you. It helps you process what happened and gives you a clear, chronological account to refer to when memories fade or details are challenged.
Dealing with PALS
PALS is meant to help patients resolve concerns, but many parents find their complaints dismissed or minimised. If you don’t trust PALS, approach them with caution:
Be Specific: When you contact PALS, state exactly what you want—records, explanations, or a meeting. Avoid vague requests.
Keep Everything in Writing: If you speak by phone, follow up with an email summarising the conversation.
Don’t Rely on PALS to Admit Fault: Their role is to resolve issues, not to investigate negligence. If you feel ignored, escalate your complaint to the hospital’s formal complaints process.
If PALS refuses to help, document their response. This can be useful if you need to show that you tried to resolve things informally.
Building Your Evidence File
As you gather documents, create a file—physical or digital—where you keep everything together. Organise it by date and type (medical records, CTG traces, witness statements, correspondence, diary entries). This makes it easier to spot gaps, inconsistencies, or patterns.
If you anticipate disputes over facts, prepare a summary of your case. List the key failures, the harm suffered, and the evidence supporting each point. This will help you stay focused and clear if you need to present your case to NHS Resolution or in court.
Final Thoughts
Gathering evidence is the backbone of any medical negligence claim. It’s not easy, especially when you feel the system is against you. But every document, note, and statement strengthens your position. Don’t be discouraged by delays, missing records, or dismissive responses. Persistence, organisation, and clarity are your best tools.
You’re not just building a case—you’re reclaiming your story. Take it step by step, and trust that your efforts matter. If you need to, ask for help from trusted friends or family, but know that you have the right to seek answers and accountability.
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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.