Settlement for new mother injured in instrumental delivery
Punam Sood settled a claim against the Princess Alexandra NHS Trust on behalf of a woman who has ongoing continence issues from a fourth-degree birth tear sustained during her mishandled labour.
Nadia*, a first-time mother, passed her due date so was induced at the hospital in Essex. It was a complex labour that require an assisted vaginal delivery due to the baby's position. The obstetrician assigned to Nadia's care made two attempts at a Kiwi delivery with a total of eight pulls, followed by an uncontrolled forceps delivery.
Nadia suffered a post-partum haemorrhage and sustained a fourth-degree tear as well as perineal trauma. The tear was repaired immediately but it caused lasting damage. Nadia suffers from faecal urgency and incontinence of flatus. She has a weak pelvic floor and suffers from ongoing urinary urgency and occasional incontinence. Her bladder and bowel symptoms are likely to deteriorate with age.
The injuries have also had a profound emotional and psychological impact on Nadia. She describes ongoing anxiety and distress about feeling 'normal' again. The physical discomfort, especially while breastfeeding, left her feeling trapped at home and emotionally overwhelmed because of the fear of going out with the additional stress of worrying about leakage. The nature of her injuries has significantly affected her relationship with her husband.
Fieldfisher represented Nadia in a medical negligence claim against the Trust, alleging failures in assessment, documentation, and escalation of care, as well as misuse of the Kiwi vacuum and forceps, resulting in significant harm.
We alleged that the obstetrician in charge mishandled the delivery itself by applying excessive force, failing to perform necessary procedures like an episiotomy, and not recognising or properly repairing a severe tear. Post-delivery, the Obstetrician also failed to manage significant complications, including the postpartum haemorrhage.
The Trust admitted that it breached its duty of care to Nadia during her instrumental delivery. Specifically, it acknowledged that there was a failure to seek senior Obstetric input and to transfer her to theatre to determine the safest mode of delivery. The Trust accepted that, had this been done, Nadia would likely have avoided the fourth-degree tear and subsequent lifelong injuries.
After the admission of liability was secured, Punam and the team reached a six-figure settlement for Nadia. The sum will enable her to access ongoing specialist medical advice, consider potential future treatments or procedures that might help her symptoms and support her psychological recovery.
*Name changed
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For further information about maternal injury claims or medical negligence claims, please call Punam Sood on 0330 460 5952 or email punam.sood@fieldfisher.com
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