Gynaecological Injury Due to Surgical Delay

Background

Miss Q was admitted to hospital in labour with her first child. A few hours after admission, she was examined by a midwife who found that the baby was in the breech position and had passed meconium. Therefore, an emergency Caesarean section was performed under general anaesthetic.

Miss Q awoke feeling very unwell and with a severe burning pain in her abdomen. Following several hours of distress and complaint, she fainted, when it was realised that she was suffering from a post-partum haemorrhage. Miss Q felt so unwell, and was so concerned by the panic around her when the haemorrhage was discovered, that she believed she was about to die.

Miss Q underwent emergency surgery to stem the bleeding and she then had to undergo three further operations while she remained in hospital. The time she spent in hospital, and her subsequent debility at home, made bonding with her newborn son difficult, and she had to rely heavily on family for help. She also developed PTSD as a result of fearing that she might die.

The surgical negligence claim was pursued on the basis that the breech presentation should have been identified earlier, which would have resulted in an earlier Caesarean section. This would have avoided the post-partum haemorrhage.

Settlement

Initially the Defendant denied both breach of duty and causation and proceedings were issued. However, the claim was then settled for £25,000. It is worth noting that we took over this claim from another firm of solicitors who had advised Miss Q to accept a much lower offer.

This case was led by Tami Frankel.

NOTE: While our case studies are designed to give an indication of the outcomes that can be achieved in these circumstances, the compensation awarded in individual cases can vary significantly due to a range of factors, including effects on life expectancy, the severity of the medical negligence that took place, and the financial impact.