Months of pain and lasting damage for new mother whose third-degree tear was missed after birth
Arti Shah successfully settled the claim of a mother who has been left with permanent injury and incontinence after a third-degree tear during birth was not diagnosed or repaired by the treating hospital.
Gemma* had a long and complicated birth that resulted in her child being delivered by ventouse. Shortly after, she was told she had been given an episiotomy, which required stitching, and was reassured that the intense pain she felt was normal.
In the days that followed, Gemma's pain continued, and she experienced bladder and bowel incontinence. She had multiple home visits from community midwives and was examined after describing her pain and was prescribed painkillers.
The pain and incontinence continued and became increasingly anxious and depressed as she tried to cope with her symptoms while caring for a newborn. She was eventually referred to a Consultant Gynaecologist who conducted a thorough assessment.
A scan revealed that she had a third-degree tear, categorised as a grade 3c, affecting both the external and internal parts of the anal sphincter. By the time Gemma's tear was diagnosed, repair was not possible. She has been left with a permanent anal sphincter injury causing significant incontinence and has also suffered psychiatric injury because of her symptoms.
Gemma's whole life has changed since giving birth. She no longer feels comfortable going out and socialising and she has been unable to return to her job.
She instructed Arti in a medical negligence claim against the hospital Trust, where liability was denied. Court proceedings were issued and served with medical reports. Negotiations led to a settlement and significant damages were secured, which will fund the psychiatric treatment and ongoing physical therapy she needs to alleviate the damage caused by the missed tear.
Contact us
For further information about perineal tear claims and birth injury claims, please call Arti Shah on 03304606739 or email arti.shah@fieldfisher.com.
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