On 25 August 2006, Liz who was then 41 weeks pregnant, was admitted to the hospital with regular contractions.
By about 3am the following day Liz was 7cms dilated. By about 5am she had a strong urge to push. However the baby’s heart rate started to drop with slow recovery. About twenty minutes later Liz was fully dilated.
At 05.30 am a locum registrar reviewed Liz and felt she should be moved to the operating theatre for delivery due to concerns about the baby’s wellbeing.
The locum made two attempts to apply a ventouse cup which were abandoned because of inadequate suction. He then applied forceps and the baby was delivered.
On 27 August 2006 Liz discharged from the hospital. On 28 August 2006, the Claimant’s perineum was recorded by a community midwife as being swollen and torn open. Liz was suffering with incontinence.
Liz was seen at the hospital at the end of September 2006. It was recorded in her notes that a third-degree tear was missed.
We argued on behalf of Liz that if a competent repair had been done she would have avoided becoming incontinent. In addition to her physical symptoms Liz suffered anxiety and social embarrassment. We recovered damages to provide for cognitive behavioural therapy to help Liz learn techniques for gaining greater mastery over the mental and physical symptoms of anxiety.
Samantha Critchley acted for Liz on a “no win, no fee” basis. Based on her experience of similar cases Samantha wrote a letter to the hospital in May 2008 asking for an admission of liability (based on the failure by the locum doctor to realise that the anal sphincter has been torn during the forceps delivery and a consequent failure to perform an adequate repair).
This was before expert evidence had been obtained in an effort to resolve the matter quickly. In December 2008 the defendant confirmed the claim would not be defended.
We obtained the necessary expert evidence to help us put a value of the claim from experts in the fields of obstetrics, colorectal surgery and psychiatry.
We served proceedings on the Trust 12 months later, in December 2009. In January 2010 we settled Liz’s claim for £100,000.
- You can speak to any member of our Medical Negligence team on freephone 0800 358 3848
- e-Mail us at email@example.com or,
- Complete our short enquiry form.
Contact us on freephone 0800 358 3848
Or start your claim online.
Fieldfisher is: ‘a firm full of the highest quality lawyers in the field' and has an 'outstanding depth of expertise’ - Legal 500 2015, Awarded Top Tier
"The group is praised for its commitment to 'demystifying the legal process' while this is a firm for which the client has always been a priority"
Fieldfisher's Personal Injury and Medical Negligence solicitors are proudly listed as 'Super Lawyers' in both on-line and off-line printed publishings.
Fieldfisher has successfully been recognised as an "Occupation and Asbestos Disease Specialists" Fieldfisher are now recognised as assessors
Fieldfisher are signatories of the Ethical Marketing Charter demonstrating our commitment to responsible, transparent and professional marketing.
Fieldfisher has been named as the winners of the Legal 500 United Kingdom 2015: *Claimant Clinical Negligence Award*. Testament to our expertise.
The psychology behind admitting a fatal mistake
Researchers at the University of Pennsylvania School of Medicine believe that better training in the social psychology behind how we're affected by making mistakes can help doctors to be more open when things go wrong.
Fundamental errors in midwives training risks the lives of more babies
The Times reported yesterday that during the inquest of baby Billy Wilson, who died at three-days old, the midwife in charge of Billy's mother, Carla, at Pinderfields Hospital in Wakefield did not know how to use the CTG machine.
Christina Gardiner highlights worrying similarities in baby death investigations
The number of baby deaths at the Countess of Chester Hospital draws worrying parallels with one of our own cases regarding substandard medical care provided at Watford General Hospital.
Surgeon Ian Paterson's case proves private hospitals need proper regulation
Following the conviction last month of rogue surgeon Ian Paterson, the Royal College of Surgeons has rightly called for a review of the way private hospitals are regulated.
The Sun reports on Keith Barrett's case of Richard Giles, who died after being electrocuted when his lorry hit 11,000 volt cables