[2007] LTLPI 19.01.09  

The Claimant suffered from a missed fourth degree tear following the delivery of her first child at Defendant Trust’s hospital resulting in a recto-vaginal fistula and a requirement for a temporary colostomy.

Claimant alleged the Trust’s midwife had negligently failed to perform an internal examination following the delivery and if this had occurred the vaginal injury would have been recognised and the colostomy and her subsequent prolonged recovery avoided.

The Defendant Trust admitted breach of duty but argued even if the tear had been recognised immediately following the delivery, it was unlikely a repair would have been performed at that time and a colostomy would still have been required.

Claimant alleged as a consequence of the Trust’s negligence she was unable to breastfeed or care for her child in the first 7 months. She consequently failed to bond with her baby and suffered a mild adjustment disorder for approximately 12-18 months following the incident. She also experienced difficulty in engaging in sexual intercourse for this period.

Out of court settlement: £45,000 (General Damages £30,000).