£135,000 for mother with third degree tear after forceps delivery | Fieldfisher
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Case Study

£135,000 for mother with third degree tear after forceps delivery

D gave birth to her first child on 7 January, aged 26. She suffered from a traumatic Delivery by a Neville Barnes forceps due to fetal distress.

The baby weighed 9lb 10oz and an episiotomy was performed.  D suffered a third degree tear and damage to her external anal sphincter which was repaired in theatre. 

Following the birth, D suffered from faecal and flatal incontinence and because her underlying condition of Crohn’s Disease, this was particularly disabling.  D had never  been incontinent before.  In addition she suffered perineal pain and became depressed. 

D then underwent anal ultrasonography which showed the damage to her sphincter but this was not followed up and D was not told of the result. 

Samantha Critchley conducted an investigation with appropriate experts which identified two areas of potential negligence:-

  • Failing to identify the extent of the tear and therefore a failure to carry out a full repair; and
  • Using the wrong suture material. 

The Defendants vigorously denied liability.  A trial was fixed.  

A week before trial, a Round-Table Meeting was held to attempt to settle the claim, but was not achieved at that meeting. Shortly afterwards, the Claimant accepted the sum of £135,000 in full and final settlement of her claim and the Defendant Trust provided a formal letter of apology.  This was an important part of the settlement for D.  The case was conducted on a “no win no fee” basis.

Contact us

For further information about birth injuries to the mother and 3rd degree perineal tear claims, please call Samantha Critchley on 03304606812 or email samantha.critchley@fieldfisher.com.


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

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