The story
Our client suffered a third-degree tear during childbirth because of a poorly performed episiotomy. After the birth, she was not adequately examined, so the tear was not found, leaving her with faecal incontinence. Fourteen years after the birth of her child, our client was told that this would have been avoided had she undergone surgery at the time.
The details
In February 2003, our client went into labour with her first child. The obstetrician struggled to determine the position of the baby, but despite this, they decided to deliver the baby using forceps, without moving to the theatre. The doctor performed an episiotomy (a cut to aid the delivery of the baby), but it was performed at the incorrect angle, increasing the risk of tearing. As a result, our client sustained a substantial injury to her internal and external anal sphincters, a Grade 3C tear. Unfortunately, her doctors did not adequately examine her after birth, so the tear was not detected.
The impact
Our client suffered significant pain following the birth and struggled to sit down or walk around. After being discharged from the hospital, she unexpectedly experienced faecal incontinence and had to wear sanitary pads to prevent leakages. Over time, her episodes of faecal incontinence became more frequent. She had to wear incontinence aids daily. It wasn't until 2017, when she was seen by a consultant, that she learned her injury was caused during the birth of her first child and that she should have had surgery immediately after delivery. Had she been adequately examined, the tear would have been noted and repaired, and she would have avoided years of pain, discomfort, and incontinence.
How we helped
We investigated the client’s claim and instructed an expert obstetrician to advise on whether there had been negligence. In his opinion, there was a failure to adequately establish the baby’s position, a failure to consult a more senior obstetrician, and a failure in performing the episiotomy, which led to our client suffering a third-degree tear. His report also confirmed that there was a failure to identify the tear following delivery, which should have been treated promptly.
The defendant trust refused to accept liability for this claim, so our legal team issued proceedings in the High Court. A defence was filed, still denying liability, but Teri Gauge-Klein, Senior Associate in the Thames Valley office (Reading), was able to negotiate a £290,000 settlement. This reflected our client’s suffering and provided her with compensation for the past and future losses associated with the injury she negligently sustained. Teri says, “In our client’s case, the third-degree tear, meaning tearing through the inner and outer anal sphincter, could have been avoided completely if alternative management was offered, as it should have been. Regardless, there was then a further failure to detect and repair the tear. Our client’s schedule of loss included damages for care, travel and transport, disposable underwear and pads, replacement bedding and laundry, private therapies to improve the faecal incontinence including biofeedback and sacral nerve simulation, a ‘Smith v Manchester award’ (compensation for people who, although not currently experiencing a loss of earnings, are likely to suffer a future disadvantage in the labour market because of their injuries) and adaptations to accommodation to fit a private toilet.”
What our client said
“Trying to come to terms with the irreparable damage caused to my body had a massive effect on my mental health and lifestyle - I went from being a fun loving 22-year-old to a virtual hermit, too embarrassed to talk to anyone and trying to deal with it all myself. However, the care, patience and empathy shown by Teri and the team at Shoosmiths gave me my voice back, allowing me to talk about the trauma in a safe and comfortable way, which led to me finding the strength and courage to share everything that was happening with my loved ones. Having the support from my loved ones means that even on particularly bad days, or when I cannot move far from a bathroom, I know I have someone I can talk to, who will make me feel better. I wholeheartedly believe that without Teri I would not have received the sum awarded, and although there is no amount of money that could compensate for what the trust’s negligence has done to my body, it will help to ease some of the pressures I am going to face as my body continues to deteriorate.”
Disclaimer
This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. © Shoosmiths LLP 2024
