Case study: substantial compensation for first-time mother who suffered misdiagnosed third-degree perineal tear

Our specialist birth injury solicitors helped a first-time mother claim compensation after she suffered a misdiagnosed perineal tear during the delivery of her baby.

Incorrect diagnosis of tear

Following the vaginal delivery of her baby, our client was informed that she had a second-degree tear. This was repaired in theatre under epidural.

Following surgery and being immobilised from the epidural, our client noticed that her back was hurting. A member of hospital staff turned her on her side, and it was noted that she had sustained a pressure sore on her lower back.

It was at this point that our client instructed our medical negligence solicitors to make a claim for her pressure sore.

Meanwhile, as our client recovered from her delivery and subsequent surgery at home, she developed problems with her continence. She noticed she had very little warning of needing to defecate.

We suggested that she ask for a referral to investigate these symptoms. She was referred for further investigations which revealed that her perineal tear was actually a third-degree perineal tear, meaning that her anal sphincter was damaged.

Claiming compensation for failure to diagnose the perineal tear

Our team obtained medical records and independent expert evidence, including experts in midwifery, obstetrics and colorectal surgery. After the experts had reported their findings, allegations were put to the Defendant hospital concerning our client’s pressure sore and their failure to diagnose and repair the full extent of her perineal tear, resulting in faecal urgency, episodic frank incontinence, urge incontinence, tenesmus and incontinence of flatus. Our client also suffered from an adjustment disorder and mild postnatal depression.

Whilst waiting for the Letter of Response from the hospital, steps were taken to quantify the claim, including obtaining psychiatric evidence and colorectal evidence about her likely future symptoms. The hospital accepted liability but disputed the extent of the injury.

Interim payment to fund rehabilitation

Our client’s injuries impacted her ability to work, and she wished to pursue all possible treatment options to improve her symptoms. Proceedings were issued and stayed to allow a period of rehabilitation.

Our solicitors obtained an interim payment to enable her to explore counselling, biofeedback and Sacral Nerve Stimulation (SNS). Our client’s two further pregnancies and deliveries delayed her progress in this regard, as it was not possible to trial SNS whilst pregnant or in the postnatal period.

The hospital made a substantial offer of settlement, and our client informed us that she wanted to bring the claim to a conclusion before completing the trial of SNS, which would have confirmed her prognosis.

Following a series of offers between our Medical Negligence team and the Defendant’s solicitors, the birth injury claim settled for a substantial amount of damages that will help our client to secure her future.

Get in touch with our birth injury solicitors

If you or your baby has suffered as a result of medical negligence during or following birth, you may be able to claim compensation. Call our friendly team on 0117 325 2929 or fill out this form, and we will be in touch.