A Medical Negligence Claim Case Study – Client Situation
Our client was in hospital due to give birth to her child but when an emergency situation arose during the birth, a junior doctor decided to carry out an emergency forceps delivery.
Our client was left with third degree tears to her perineum and anal sphincter, as well as psychological harm. As a result, she alleged that the emergency forceps delivery had been incompetently performed.
How We Helped
The client approached our Medical Negligence Solicitors to make a medical negligence claim against the NHS trust responsible. The lawyer on the case instructed experts in obstetrics to look at the circumstances of the case. The experts were of the opinion that the emergency forceps delivery had not been performed to a reasonable standard.
The defendants subsequently admitted that an experienced consultant was on call at the time and was available to attend the emergency situation, but instead, the junior doctor chose to attempt the very tricky and technical delivery – endangering both the mother and baby.
The opinion of our obstetric experts conflicted with the view of the defendant’s expert obstetrician, who concluded that the forceps delivery had been handled competently by the junior doctor. Their experts also found that while an experienced consultant was available, the junior doctor wasn’t negligent in proceeding to deliver the baby without assistance.
The risks of forceps delivery includes severe injuries to the baby and mother. This can include brain injury’s to the baby that affects their chances at a normal life.
Eventually, the defendant’s leading counsel conceded that they were at significant risk of losing the case due to the rushed and violent mode of forceps delivery. The defendant's colorectal expert agreed with our own colorectal expert - that expensive future treatment was reasonable in the private sector. A colorectal expert is a surgeon who specialises in conditions that affect either your intestines, colon or anus, which in our client’s case was from the third degree tearing during childbirth.