Mother suffered severe birth tear after labour signs ignored
Shivi Nathan secured a six figure settlement for a first-time mother who sustained a serious perineal injury during the birth of her son at St George’s Hospital in London.
Jenny* was in active labour at hospital and under epidural when she began to feel intense pressure and pain, which are clear signs that her baby was ready to be born. Despite repeatedly raising concerns with the attending midwife, her contractions were not physically checked for over 2.5 hours, and no vaginal examination was carried out during that time.
Covered by a sheet and left unattended, Jenny eventually looked down and saw that her baby’s head had already been delivered. She alerted the midwife, who instructed her to push. The rest of the baby was born within seconds.
Jenny sustained a 3a perineal tear, involving damage to the external anal sphincter. She was rushed to theatre for surgical repair and has since experienced ongoing bowel and bladder symptoms, including incontinence, pelvic pain, and sexual dysfunction. These complications have had a profound impact on her physical and emotional wellbeing and impacted her career.
Shivi's investigation uncovered several serious failings in Jenny’s care. Despite her repeated reports of intense pressure and pain, staff failed to respond appropriately. Her contractions were not manually monitored, and no timely vaginal examinations were carried out. Clear signs of rapid labour progression were missed, and no steps were taken to prevent perineal trauma.
The Trust has admitted that Jenny’s care fell below acceptable standards. Specifically, it acknowledged that appropriate observations and examinations were not carried while Jenny was in late-stage labour. It accepted that, had proper monitoring and timely examinations been undertaken, Jenny would likely have avoided suffering a midline 3a perineal tear.
However, due to the prevalence of tears that occur during childbirth, the Trust did not accept that Jenny would have avoided injury even if appropriate checks had been performed.
Despite the Trust’s refusal to admit full causation, Shivi successfully settled the case, securing a significant amount in compensation on Jenny’s behalf. The damages will help fund her ongoing treatment, future surgery, and support her recovery and quality of life.
Jenny said: "Shivi was absolutely brilliant in settling my claim. Her compassion throughout the process and her skill in navigating the complexities made a difficult time much easier. I felt truly supported and well-advised every step of the way. I would wholeheartedly recommend Shivi to anyone needing expert legal guidance delivered with empathy and precision."
*name changed
Contact us
For further information about maternal injury claims and birth injury claims, please call Shivi Nathan on 0330 460 7160 or email shivi.nathan@fieldfisher.com.
Alternatively
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