We pursued a gynaecology
negligence claim for Wendy for the failure
to detect a third degree tear following childbirth which
resulted in 8 months of incontinence. Wendy received
£25,000.
Wendy became pregnant for the first time in April
1995. On 10 February 1996, Wendy went into spontaneous labour
and was admitted to King’s College Hospital.
After a long labour, a ventouse delivery was
attempted. This failed and a generous episiotomy was performed
and followed by forceps delivery. The episiotomy was later
repaired and a final inspection of the perineum performed.
Following discharge from hospital, Wendy suffered
from frank incontinence, faecal leaking and loss of bowel
control. She was referred to a colorectal surgeon who
suspected a third degree tear.
An ultrasound was carried out, which confirmed
extensive disruption to the external anal sphincter. This was
repaired in November 1996. Though largely successful, Wendy
continued to experience problems with faecal leakage. She also
suffered anxiety and depression.
Wendy instructed us in January 1999, shortly
before limitation expired and protective proceedings were issued on
10 March 1999.
Expert evidence confirmed that the obstetrician
who performed the episiotomy should have suspected damage to the
external anal sphincter and performed a rectal
examination. This would have revealed the injury.
Repair of the injury at this time would have
avoided the 8 months of incontinence Wendy suffered and the
consequent depression. She would also have had a better long
term result in terms of complete continence.
The hospital alleged that third degree tears in
childbirth are frequently missed by responsible clinicians and
therefore there was no negligence.
The action was fixed for trial on November 2000
and conducted on a no win, no
fee basis. The amount of compensation was agreed
subject to the claimant (Wendy) establishing
liability. The trial lasted 5 days and, after 4 weeks, Wendy
received judgment in her favour.
The Judge found that a proper examination after
delivery would have revealed an extension of the episiotomy into
the external anal sphincter and would have led to a diagnosis of
the third degree tear.
An immediate repair would have been carried
out. However the learned Judge felt that in the long term
there had been no difference in outcome in terms of ongoing
problems. Nevertheless, he awarded Wendy £25,000.
For further information or if you have
a gynaecology negligence
claim call Paul McNeil on
020 7861 4019 or email paul.mcneil@ffw.com
You can discuss your gynaecology negligence claim with any
member of our medical negligence
team on freephone 0800 358
3848, email personalinjury@ffw.com or
complete our
short enquiry form.