Negligent Surgical Repair of a Third-Degree Perineal Birth Tear: Compensation Awarded

Summary

The Claimant suffered a third-degree perineal tear during childbirth.  She underwent birth tear repair surgery which was performed negligently and further corrective surgery was required a week later.

Settlement

A 5 figure sum for a mother who suffered negligent repair after she suffered a third-degree perineal tear during childbirth.

What Happened

As a result of pre-eclampsia our client had to be induced.  A Ventouse and also forceps was attempted and the doctor ended up cutting her to deliver her son.  She required both internal and external stitches.

Doctors tried a repair, but it was unsuccessful.  She has since had a sacral nerve implant.  This has helped her, but she still has had her life turned upside down as a result of this.

As a result of that incident she ended up with bowel incontinence.  She had no control over her bowels and, obviously, this has had a massive impact upon her life since then.

It got to the stage where she was advised that her only real option was to have a stoma.  She discussed this at length with her consultant and it was suggested that she should consider a laparoscopic loop colostomy.  Her consultant told her that they were making advances all of the time with this type of surgery and that a loop would allow a reversal in the future, if other options became available in the future.

She underwent the procedure and when she was in agony and it took the nurses some time to get her settled down. The pain was all over but particularly bad in her back.

She was given paracetamol and ibuprofen, but neither helped. It didn’t matter which position she laid or sat in she was still in an incredible amount of pain.  The pain continued for a number of days before she was put onto a morphine pump.

After about 6 days she was sent for an x-ray before being taken for an endoscopy.

She was advised the surgery has caused a torsion in her bowl and it was causing an obstruction.  A second operation was required to correct this.

Our client is now unable to have stoma reversed.  She went through a great deal of pain and suffering and required care from her husband and family and she recovered from her injuries.

Our client bought a claim for the additional pain and suffering caused by the negligent surgery.  She approached other firms, who having reviewed this difficult case, indicated that they were unable to assist.  Devonshires took the claim on and, despite denials of liability from the Defendant, were able to obtain compensation for our client.

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