£200k compensation for woman left with permanent anal incontinence after mis-managed birth injury
A 38 year old woman received £200k in compensation for the 4th degree tear she sustained when she gave birth in August 2004. She now has permanent anal incontinence, is almost housebound and relys on care and assistance from family and friends.
Negligent Management of Birth
On 3 August 2004 she attended the defendant hospital for the birth of her second child. At 14.00 her waters broke but she was left unattended. At 19.00, she felt an overwhelming urge to push and her husband saw the baby's head and asked for assistance. The midwives arrived and rushed her to the delivery suite. Their baby was born at 19.10.
During delivery she suffered a 4th degree tear, lost a lot of blood and had to be sutured in theatre. She remained on the post-natal ward as an inpatient for approximately 8 days after giving birth and during that period she caught an infection.
She brought a claim for compensation against the defendant hospital alleging that it was negligent in the management of the delivery. The defendant hospital denied negligence.
As a result of the alleged negligence she suffered an anoperineal fistula and anal incontinence. In April 2007 a fistula repair was attempted but was unsuccessful. She is now likely to suffer anal incontinence for the rest of her life. She also now suffers from depression and had difficulty bonding with her child as a reult of the trauma.
Consistent with our policy when giving comment and advice on a non-specific basis, we cannot assume legal responsibility for the accuracy of any particular statement. In the case of specific problems we recommend that professional advice be sought.
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