6th November’19 – Our client, Ms A of Kent, instructed Fairweathers to pursue a clinical negligence claim arising from a repair to a second degree tear sustained during child birth in September 2017.
Before discharge from the Maidstone Birth Centre, Ms A told a midwife that she did not feel that the repair had been carried out correctly as she was very uncomfortable. The midwife insisted, however, that she was fine and that there was nothing to worry about and our client was discharged home.
At her 6 weeks follow up appointment with her GP, Ms A was advised that she had been vaginally over stitched during the repair of the tear by the midwife. This caused difficulties with sexual intercourse, during urination and with bowel movements.
Ms A’s GP referred her to a Gynaecologist whom she consulted with in April 2018. That Consultant confirmed that there had been over stitching of the Claimant’s vagina which had completely closed the vagina aperture. The Claimant therefore had to undergo corrective vaginal reconstructive surgery in May 2018.
The Claimant made a formal complaint to the Defendant Trust, Maidstone and Tunbridge Wells NHS Trust who managed the birth centre. The Trust responded by denying any fault on their part. They claimed that the Claimant’s problems had simply been encountered due
to the healing process and not as a result of any negligence.
In August 2018, Ms A consulted Kate Kennell at Fairweather Solicitors. A supportive report from a Midwifery expert was obtained which confirmed that the Claimant had been over stitched which was a breach of duty and negligent.
A Letter of Claim was sent to the Defendant Trust who subsequently admitted liability.
Our client was assessed by a Consultant Psychiatrist as part of the claim who reported that she had been caused an adjustment disorder with mixed anxiety and depressive reaction which was of moderate severity.
A Schedule of Loss was drafted to itemise the Claimant’s losses arising from the negligence.
After some negotiations with the Defendant Trust, settlement was achieved in the sum of £38,000 on a full and final basis.
Kate Kennell, Senior Solicitor who had conduct of the claim commented:
“I am pleased that the Trust was sensible ultimately in negotiation of this matter havingpreviously admitted liability. It is a refreshing approach in a case like this. The client was extremely happy with the result and the fact that the claim was brought to a swift conclusion for her.“