Libby Ferrier and Gabriella Gooday have reached a liability settlement for Alice* who suffered a third-degree tear during birth that was missed by medics at St George's University Hospitals NHS Foundation Trust.
After giving birth vaginally to her first child at St George's Hospital in London, Alice was assessed by an Obstetrician and stitched by a midwife, who told her she had sustained a second-degree tear during labour.
She returned home with her newborn daughter, excited to start her life as a mother but was concerned when she experienced faecal incontinence and urinary issues. She was told by a midwife that these symptoms were normal after giving birth.
Alice was distraught on several occasions when her incontinence meant she soiled herself while out with her young baby. She had to throw away clothes and having previously been very active, she was too scared to exercise in public. Her symptoms impacted all areas of her life including her social interactions, work and family life.
Around a year after giving birth to her daughter, Alice fell pregnant again. It was during a routine appointment in relation to the delivery of her second child that a consultant found she had a missed third-degree tear from the birth of her first child. Alice broke down in tears when she heard the news.
She learnt that she had suffered a third-degree obstetric injury involving the external anal sphincter and was advised to have an elective caesarean section to prevent further injury – not the home birth she had planned.
Alice instructed Fieldfisher to investigate a medical negligence claim against St George's University Hospitals NHS Foundation Trust. Following expert evidence obtained by Fieldfisher, the Trust admitted liability.
The Trust admitted that they were in breach of duty as they failed to perform an adequate examination, and to identify that the defect that was present in the external anal sphincter after the birth of Alice's first child.
It is admitted that had the defect to Alice's external anal sphincter been identified when she was examined by the obstetrician after giving birth, she would have undergone an immediate repair. If this had happened, then Alice would have had normal faecal continence and would not now suffer from faecal urgency, incontinence of flatus or urinary symptoms.
Alice continues to experience symptoms of faecal and flatal incontinence and urinary symptoms. She has also suffered a psychiatric injury as a result of the negligent care she received. Her injuries continue to impact all areas of her life.
On admission of liability, Libby secured an interim payment of £50,000 for Alice, which will help fund physiotherapy sessions that have been beneficial to her symptoms, and other treatment for her injuries. Libby is now undertaking quantum investigations ahead of settlement negotiations.
Contact us
For further information about obstetrics negligence claims or birth injury claims please call Libby Ferrier on 0330 460 7178 or email libby.ferrier@fieldfisher.com or call Gabriella Gooday on 0330 460 6758 or email gabriella.gooday@fieldfisher.com.
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