Over £600,000 Secured for Woman Left with Permanent Bowel Injury After Negligent Tear Repair

Our expert team successfully secured over £600,000 in compensation for a woman who sustained a permanent bowel injury, including severe faecal incontinence due to a doctor’s failure to properly repair a third-degree perineal tear following the forceps delivery of her baby.

Case Overview

Our client experienced difficulty in the final stages of labour with concerns raised about her baby’s heartrate. An obstetric doctor was called, who performed an episiotomy before delivering the baby with forceps. There were further complications when delivering the placenta and the doctor snapped the umbilical cord. The same doctor took the client to theatre to remove the placenta surgically and to repair a serious third-degree tear that she had during labour.

In the days following surgery, the client began to experience pain and worrying symptoms, including wind and bowel incontinence. Despite raising concerns, she was reassured by community midwives that everything was OK.

Over the coming months, the client’s bowel problems (incontinence) worsened making it very difficult for her to care for her baby daughter and maintain her relationship with her husband.

Further investigations found that her anal sphincter was still very seriously damaged as a result of the original third-degree tear. Despite further surgery, her problems persisted.

Our Investigation

Our expert birth injury lawyers instructed experts in obstetrics and colorectal surgery who were both clear in their opinions that the original repair was not adequately performed.

A Letter of Claim was sent to the defendant hospital trust who subsequently disputed liability, arguing that the client’s third-degree tear was a recognised risk of childbirth and that any failure in the doctor’s repair was due to an infection that they argued happened in the months after birth.

Due to the defendant refusing to reconsider their position, we issued court proceedings. We also requested additional information about the doctor’s experience, qualifications and level of supervision.

It was revealed that the doctor was not physically supervised when operating on the client’s third-degree tear and had not performed this particular type of complex surgery before.

Settlement Negotiations

Shortly before a court hearing, the defendant made a relatively low opening settlement offer which was rejected.

Our expert predicted that while the client had undergone Sacral Nerve Stimulation (SNS) modulator surgery and this might bring some relief to her over the next few years, her condition was likely to deteriorate with age and menopause.

As well as the physical impact of her injury, the client was a successful professional in the financial sector, and her condition had a serious effect on her career progression, earning capacity, and long-term prospects.

Taking into account the expert medical evidence, alongside the losses associated with her career, including loss of earnings, pension, and benefits, a comprehensive Schedule of Loss was submitted.

Out of court settlement negotiations began and a compensation figure of over £600,000 was agreed with the defendant.

Client Comment

“Very professional service received from the team. They support you throughout the whole process and has been very passionate about putting the client first and getting the best for each situation.”