We pursued an obstetrics negligence claim for Catherine who suffered a ruptured wound following a Caesarean section. Surgery to repair the rupture was unsuccessful and Catherine was left with a disabling right side herniation. A plastic surgeon should have been in attendance during the surgeon as this was a risk that wa previously identified. The hospital admitted negligence and Catherine accepted £285,000 compensation.


Catherine was injured in a car accident in Turkey on 9 June 1997. At the time she was eighteen weeks pregnant. She suffered multiple injuries including head, cervical and a seat belt injury across the abdomen. But luckily the fetus was unharmed.

Catherine was transferred to The Royal London Hospital where her spinal and neurological injuries were treated.

Catherine was also seen by the obstetricians who were worried about her abdominal wound. The plastic surgeons were asked to advise as to what should be done at the Caesarean section in relation to the abdominal wound.

The consultant plastic surgeon wrote in the notes “if elective lower segment caesarean section then we will attend. If in emergency then do what is necessary and we will revise electively”.

An elective section was carried out on the 3 October 1997 but no plastic surgeon was asked to attend. The obstetrician made a repair to the abdominal wound.

Unsurprisingly, the abdominal wound became infected post-operatively. It broke down and ruptured. It was not until the 12 October that she was seen by a plastic surgeon but it was too late.

Surgery to repair the defect was unsuccessful on two occasions and Catherine developed an extensive and disabling right sided herniation at the site of the defect and reconstruction.

Further surgery may be necessary but this was regarded as extremely difficult. 

Catherine instructed Paul McNeil to pursue an obstetrics negligence claim.

We issued proceedings on behalf of Catherine for the failure of the obstetrician to arrange for a plastic surgeon to be present at the caesarean section and further for no plastic surgery follow-up for nine days following surgery.

Liability was denied and the matter had proceeded to trial with a date fixed for April 2002.

The defendants initially paid £50,000 into court but after settlement negotiations Catherine accepted took £285,000 in damages, which included general damages of about £40,000. Catherine's legal costs were also covered by the defendants.


Contact us

For further information or if you have an obstetrics negligence claim, call Paul McNeil on 020 7861 4019 or email paul.mcneil@fieldfisher.com.

  1. You can speak to any member of our Medical Negligence team on freephone 0800 358 3848
  2. e-Mail us at personalinjury@fieldfisher.com or,
  3. Complete our short enquiry form.

All enquiries are completely free of charge and we will investigate all funding options for you including legal aid and no win, no fee.

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