Missed Fourth-Degree Tear Caused Devastating Injury to Young Mother

In December 2020, CH was admitted to Princess Royal Hospital for induction of labour of her first pregnancy. This was a long and slow process with CH requiring an instrumental (forceps) delivery on the morning of 11 December 2020.

Following delivery of her son, CH was repaired by the delivering Registrar in the delivery room. She was advised that she had suffered a second-degree tear only. She was discharged later that day on the assurance that she was fit to go home.

Unfortunately over the days that followed, CH suffered faecal incontinence. She was advised by a visiting midwife to re-attend hospital. Following examination it was revealed that the delivering Registrar had failed to identify a significant button-hole tear (8cm) leading to fistula formation and incontinence. CH required emergency repair surgery. Sadly, this failed in the weeks that followed and CH required further, more extensive surgery in June 2021.

Whilst her physical symptoms have since stabilised, she remains emotionally traumatised and this continues to impact her daily.

Following receipt of the Trust’s Internal Investigation Report, Laura Weir sent an early Letter of Notification. Whilst Breach of Duty was admitted in the response, causation remained in dispute. We therefore obtained expert evidence from a Colorectal Surgeon and, on receipt of a supportive report, sent a Letter of Claim. The Defendant then obtained their own expert report in August 2022 and after putting pressure on them for a response in relation to causation, this was finally admitted on 13 October 2022.

This was a huge relief to CH and we immediately requested an interim payment on account of damages. This request was agreed by the Trust and CH used this to access much-needed psychological therapy.

After quantum investigations, the case settled for a six-figure sum.