Overcome hospital and PALS tactics in medical negligence claims after childbirth

Overcome hospital and PALS tactics in medical negligence claims after childbirth

If you’re self-representing in a medical negligence claim after childbirth, you’ll quickly realise that the biggest obstacles aren’t just legal—they’re the subtle and overt tactics used by hospitals and PALS to protect themselves. Knowing what to expect, and how to respond, is essential.

Adverse Tactics: What You Might Face

Delay and Stonewalling
Hospitals and PALS often use time as a weapon. You might wait weeks for a response to a complaint or records request, only to be told there’s an “administrative backlog” or “staff shortages.” Sometimes, you’ll get vague promises—“we’re looking into it”—with no real progress. This isn’t accidental; it’s a way to wear you down and hope you’ll give up.

Partial Disclosure and Withholding Evidence
It’s common to receive incomplete records. Key documents—CTG traces, operation notes, incident reports—may be missing, with no explanation. When you ask for them, you might be told they “don’t exist” or “can’t be found.” Sometimes, you’ll get a bundle of paperwork so disorganised it’s impossible to make sense of.

Denial and Minimisation
Staff may insist that “nothing went wrong,” even when your experience and symptoms say otherwise. You might hear, “these things happen,” or “your outcome was within normal limits.” PALS may echo these reassurances, discouraging you from escalating your complaint or seeking further evidence.

Deflection and Passing the Buck
You may be bounced from one department to another, each claiming it’s not their responsibility. Meetings may be scheduled and then cancelled, or you may be invited to “discuss your feelings” rather than the facts. Sometimes, you’ll be told to wait for an internal review, only to find that months pass with no progress.

Gaslighting
This is one of the most insidious tactics. Gaslighting is when staff or PALS subtly (or not so subtly) make you doubt your own experience. You might be told you’re “misremembering,” “overreacting,” or “confused.” They may suggest your distress is the real issue, not the care you received. You might hear, “other mothers don’t have these concerns,” or “perhaps you’re just anxious.” The aim is to undermine your confidence and make you question whether you have a valid complaint at all.

Obstruction and Bureaucratic Hurdles
Requests for records may be met with demands for unnecessary forms, or you may be told that certain documents “require special authorisation.” Staff may avoid answering direct questions, or provide inconsistent information about what happened.

How to Respond and Push Through

The key to overcoming these tactics is persistence, clarity, and documentation. Always make requests in writing, and keep copies of every letter, email, and response. If you receive incomplete records, reply immediately, listing what’s missing and asking for a clear explanation. If you’re told there are delays, ask for a specific date when you’ll receive a response, and follow up if it’s missed.

If you’re gaslit or your concerns are minimised, stay calm and factual. Reference your own evidence—dates, symptoms, and any witness statements. If you’re told your experience is “normal,” ask for the clinical guidelines that support this claim. If you’re deflected or passed around, keep a log of every contact: who you spoke to, what was said, and what was promised.

If meetings are cancelled or you’re excluded, request a new date and insist on being present. If you’re invited to discuss your feelings, redirect the conversation to the facts and the evidence. If you suspect records are being withheld, note which documents are missing and why they matter. Sometimes, the absence of evidence is itself evidence of poor practice.

Sample Letter 1: Requesting Missing Records After Delay or Partial Disclosure

Dear Medical Records Team,

I am writing to follow up on my previous request for all medical records relating to my pregnancy, labour, and postnatal care at [Hospital Name]. I have received some documents, but the following key records are missing:

  • CTG traces from [date/time]

  • Operation notes from [date/time]

  • Incident reports relating to [specific event]

Please confirm whether these records exist and, if so, provide copies within 14 days. If they do not exist, kindly provide a written explanation as to why they are unavailable. I would appreciate a clear response to each item listed above.

Yours sincerely,
[Your Name]

Sample Letter 2: Challenging Gaslighting or Minimisation by PALS

Dear PALS Team,

Thank you for your recent response to my complaint regarding the care I received during childbirth at [Hospital Name]. I note that your reply suggests my concerns are “normal” and that “no further action is required.”

I am concerned that my specific questions have not been addressed, particularly regarding:

  • The delay in escalation when my baby’s heart rate dropped

  • The absence of senior staff during a critical period

  • The lack of explanation for my child’s injuries

I request a detailed response to each of these points, including reference to relevant clinical guidelines and any internal investigations carried out. Please address the facts of my case rather than general reassurance. If you are unable to provide this information, please explain why.

I look forward to your reply within 14 days.

Yours sincerely,
[Your Name]

Building Your Case Despite Resistance

Document every delay, denial, or deflection. This record can be powerful if you need to escalate your complaint to the Ombudsman or NHS Resolution. If you’re told records are missing, note which documents are absent and why they matter. If you’re given inconsistent information, keep a timeline of what was said and by whom.

Don’t be afraid to escalate. If PALS isn’t helping, move your complaint to the hospital’s formal process. If you’re still stonewalled, contact the Parliamentary and Health Service Ombudsman. Persistence is your strongest tool.

Maintaining Your Wellbeing and Finding Allies

Facing these tactics is exhausting, especially when you’re already dealing with trauma. Set small, achievable goals—requesting records, following up, preparing your evidence file—and take breaks when you need to. Find allies, whether in online support groups or among sympathetic staff, and lean on them for advice and encouragement.

Keep learning about your rights and the complaints process. The more informed you are, the harder it is for others to dismiss your concerns. Most importantly, take care of yourself. The process is a marathon, not a sprint. Make time for rest, connection, and activities that help you recharge.

Final Thoughts

Hospitals and PALS may use delays, denials, deflection, and even gaslighting to protect themselves, but you don’t have to accept it. By staying organised, documenting everything, and refusing to be sidelined, you can push through resistance and keep the focus on your child’s needs. Your persistence matters, and you have the right to answers and accountability. If you need to, adapt the sample letters above to your situation and keep pressing for the truth—step by step, you can make progress, even when the system feels stacked against you.


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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.

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