Negligent Induction of Labour and Emergency C-Section: £300K Compensation Awarded

Summary

Legal action following mismanagement of the Claimant’s induction of labour and emergency Caesarean section.

Settlement

£300,000 made up of compensation for the injury, past and future loss of earnings, care, and future treatment required. Settlement was negotiated without Trial.

What Happened

The claim related to the management of the induction of the Claimant’s labour and emergency caesarean section, where the syntocinon infusion was continued for 2 hours too long following the decision to transfer the Claimant to theatre for an emergency Caesarean section. This resulted in her baby’s head becoming impacted, causing the operating surgeon difficulty in extracting the baby which led to the Claimant’s rectus muscle being cut, the caesarean incision being extended into an inverted T and significant bleeding.

The Claimant suffered life-changing injuries at a relatively young age, with a real risk of further significant deterioration in her condition.

The Claimant has been left with dense adhesions causing chronic abdominal and pelvic pain. The Claimant is at risk of future bowel damage and at risk of requiring a colostomy.

It was admitted by the Defendant that the Claimant was given syntocinon longer than she ought to have been and that this breach of duty contributed to the difficulties with the Caesarean section including that but for this breach the head would not have been impacted and the rectus muscle would not have been cut. The Defendant made no further admissions in relation to causation.

The Claimant’s representative made further allegations of breach of duty regarding the delay in carrying out the Caesarean section and the lack of involvement of the consultant at an earlier stage and alleged that but for these problems the complications would have been avoided. These allegations were denied by the Defendant.

The claim was stayed for a period of time, whilst the Claimant had her second child and then underwent initial treatment for her chronic pain condition.

This was a complex claim with multiple experts required of different specialisms. Expert evidence was obtained from an Obstetrician/Gynaecologist, Radiologist, Pain Management Consultant, and Pensions Expert. Further evidence was likely to be required from a Colorectal Surgeon, urogynecologist and Psychiatrist.

The Claimant received an interim payment to cover the cost of immediate treatment required, which was likely to be significant and ongoing.

The Defendant initially made an offer of settlement in the sum of £25,000.00. However, the Lawyer with conduct of the claim Jeanette Van-Cauter, Fellow of the Institute of Legal Executives, successfully secured a settlement in the sum of £300,000.00.

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