£42,500 recovered for failure to diagnose a significant labial tear following childbirth

Ms M, a 23 year old lady at the time of the negligence, gave birth to her second child at the Princess Royal Hospital, Haywards Heath, Sussex in February 2010.

She suffered a significant tear to her labia but this was misdiagnosed as merely a “graze” and therefore was not sutured.

Ms M was in excruciating pain due to the severity of the untreated tear and attended her GP and different hospitals several times.

A first attempt at suturing the tear was made in March 2010 but this subsequently broke down.

It was decided that Ms M would require surgery which was carried out in February 2011 under general anaesthetic. Unfortunately, again, the repair was unsuccessful as it broke down subsequently.

Finally, in April 2012 Ms M had a corrective labiaplasty which gave her a good cosmetic result.

As well as undergoing excruciating pain and suffering for over 2 years (including 2 surgeries under general anaesthetic), Ms M suffered a number of infections during this period and required assistance with looking after her children and day-to-day activities. She also suffered a moderate Depressive Episode.

Expert evidence was obtained and the Trust admitted negligence.

Negotiations took place and the claim was settled for £42,500.

Shantala Heath, Specialist Medical Negligence Solicitor, with conduct of the case, commented:

“I am extremely pleased that we have reached a settlement for Ms M as she has had an extremely difficult time in the last 3 years or so. Having a significant labial tear misdiagnosed as merely a ‘graze’ meant she suffered severe physical pain and had to undergo a number of very personal investigations, examinations and procedures.  Understandably this also had an impact on her emotionally and her relationship with her partner and children was affected, especially at a time when Ms M, her partner and the older sibling were supposed to be enjoying time with the new addition to the family. Money won’t turn back time but it will certainly allow Ms M and her family to spend some quality time together and with the admissions made by the Trust Ms M can now hopefully find closure and move on from her ordeal.”

Ms M commented:

“I didn’t know who to turn to until I rang Fairweathers. They are so friendly, easy to talk to and so supportive. Very satisfied and stress-free, a great service that made my case easier to cope with. Thanks to Shantala Heath, would definitely recommend.”