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.
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.
- You can speak to any member of our Medical Negligence team on freephone 0800 358 3848
- e-Mail us at firstname.lastname@example.org 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.
Substantial recovery after a communication breakdown during tonsillectomy triggers a sickle cell crisis, ending in the death of a young girl
Mother requires hip replacement and 6 months in hospital after nursing failure at John Radcliffe Hospital
Damages for family of baby who died 2 days after birth following a series of failings by the United Lincolnshire Hospitals NHS Trust
Merton Council accepts liability for death of teacher who was exposed to asbestos in Mitcham's St Thomas of Canterbury Middle School
The Telegraph reports on the Bedside cot that's still on sale after death of seven-week-old baby Grace Roseman
The Sun reports on Jill Greenfield's case of Grace Roseman who was tragically killed by the“dangerous” Bednest cot in April last year