Six figure settlement after failure to warn of large baby risks led to forceps delivery and prolapses
Jamie Green secured a six-figure settlement for Hayley* who suffered a third-degree vaginal tear and uterine prolapse after the Royal Free London NHS Foundation Trust failed to refer her to a consultant obstetrician and offer her a caesarean section.
During Hayley's first pregnancy her baby was continually plotting high on the growth charts suggesting it was very large for gestational age. She was not told about this and was not sent to the obstetric clinic to discuss this and her birthing options. Had this occurred, she would have been told of the increased risks for proceeding with a vaginal birth with a large baby, which include shoulder dystocia, injuries to both baby and mother, and the need for an emergency caesarean section. If she had been aware of the risks, she would have opted for a planned caesarean section.
Instead, Hayley underwent induction of labour and gave birth vaginally with the use of forceps. She suffered numerous lifechanging injuries, including a grade 3 vaginal tear and uterine prolapse. She now suffers from bladder stress incontinence, faecal urgency and incontinence. She also suffered mentally as a result of her injuries and has had to undergo CBT and EMDR therapy.
Once instructed, Jamie obtained reports from a midwife and obstetrician who concluded that Hayley should have been seen in the obstetric clinic and the option of a caesarean section should have been discussed.
Jamie subsequently sent a Letter of Claim to the Trust who admitted that the option of a caesarean section should have been discussed but put Hayley 'to proof' that she would have ultimately chosen this option instead of proceeding with a vaginal birth as she in fact did.
Jamie instructed an obstetrician to consider Hayley's prognosis and provide the costs for future surgery and treatment that would benefit her long-term. Following this, Jamie prepared a Schedule of Loss valuing Hayley's claim and, in negotiations, was able to agree a settlement before the need to issue Court proceedings.
Following settlement, Hayley said:
"Living with birth injuries has been, and continues to be, one of the most invisible, isolating and debilitating experiences I have had to face. When I reached out to Jamie, I was going through a particularly dark time, and from our very first conversation he made me feel truly heard and supported. My health conditions are something I've always found deeply embarrassing to talk about, but I never once felt uncomfortable. Jamie created a safe, respectful space where I could be open and honest.
His patience, clarity and compassion guided me throughout, and his expertise has been second to none. The case not only gave me a voice but also helped me fully understand what happened and has allowed me to begin coming to terms with it. Reaching a settlement will give me the opportunity to finally get the treatment and support I need. I will be forever grateful to Jamie and would recommend him and Fieldfisher without hesitation."
*name changed
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For further information about birth injuries to mother claims and medical negligence claims, please call Jamie Green on 0330 460 6771 or email Jamie.Green@fieldfisher.com.
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