Kelly gave birth to a baby boy on 08 August
2005. During the course of delivery she suffered a perineal tear.
She was referred by the midwife to the Surgical SHO who examined
Kelly and who noted a tear.
The SHO repaired the tear, believing it to
only be a second degree tear and therefore no rectal examination
was performed. In fact the tear was a fourth degree tear
involving damage to both the internal and external sphincter and
causing an ano-vaginal fistula.
Kelly was discharged home on 10 August 2005.
On 23 September 2005 Kelly was referred back to hospital suffering
with the passing of faeces and flatus into her vagina.
Kelly also suffered with anal
incontinence and anal soiling on a daily basis, causing her great
distress and embarrassment, and effectively leaving her
housebound.
Kelly continued to suffer from severe symptoms
of faecal incontinence until a secondary repair operation was
finally performed in July 2006, following which her ano-vaginal
fistula healed and she noticed a marked improvement in anal
control. Kelly was referred for bio-feedback sessions which led to
a further improvement in her symptoms to the extent that she was
able to return to work.
Kelly instructed Mark
Bowman, who acted under the terms of a Conditional Fee Agreement.
Expert advice was sought from a Consultant
Gynaecologist as well as a Consultant Colo-Rectal
Surgeon.
A Letter of Claim was served on the Defendants
alleging negligence in failing to perform a rectal examination,
which would have revealed the full extent of the sphincter damage
and which would have led to an immediate primary repair
operation.
It was claimed that with such an operation,
Kelly would have avoided the symptoms that she suffered with for
the next 11 months and would have been able to return to work
following her maternity leave.
Expert evidence confirmed that Kelly's long
term symptoms would have been the same, regardless of whether the
repair was performed in August 2005 or July 2006.
The Defendants admitted negligence in their Letter of Response
and put forward an offer of £35,000 in settlement of Kelly's claim,
which was accepted. Kelly received the full £35,000 and did not pay
any legal fees.
For further information or if you have a gynaecology negligence claim please
call Mark Bowman 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.