Supporting our client following a delayed diagnosis of third-degree anal tear

The client, a 39-year-old mother of three, suffered a third-degree anal tear while delivering her first child by forceps in September 2016. A third-degree tear affects the muscles of the anal sphincter, which help control bowel movements.

After the delivery, the tear was diagnosed as second-degree. This type of tear affects the perineal muscle and skin and is usually treated with stitches.

The client knew something wasn’t right after the birth. However, the more serious injury wasn’t identified until later investigations. By then, the damage was irreversible and the opportunity for effective surgical repair had passed.

After leaving hospital, the client experienced episodes of faecal incontinence and an increased urgency to open her bowels. These symptoms became worse over time.

Initially, she was reassured that she only needed to work on her pelvic floor muscles. Further investigations eventually identified that she had sustained a third-degree tear rather than the less serious second-degree tear diagnosed after delivery.

Because the injury wasn’t identified at the time, the client lost the opportunity for prompt surgical repair. She subsequently had two further children, both delivered by caesarean section.

The client had to manage ongoing bowel urgency and faecal incontinence following the birth injury. These symptoms affected her after an experience that should have led to the correct diagnosis and appropriate treatment.

The impact of these symptoms also added to the emotional strain of pursuing a medical negligence claim. As the solicitor on the case explained, claims of this nature can take a significant emotional toll on people already coping with the effects of an injury.

The team on the case obtained independent medical evidence supporting the argument that the third-degree tear should have been diagnosed following the forceps delivery. The evidence indicated that an adequate examination of the client’s perineum and rectum would have identified the injury, allowing prompt surgical repair.

The hospital initially denied responsibility. The team then issued and served court proceedings in March 2021, formally setting out the claim. Both sides exchanged witness statements and obtained expert evidence from specialists in obstetrics, colorectal medicine, psychiatry and care.

A meeting took place in November 2022 to discuss the claim, but it didn’t settle immediately. The team continued negotiations with the hospital, eventually securing a substantial settlement several weeks later.

The team on the case secured a substantial settlement for the client after a contested claim. Although the source doesn’t disclose the amount, the outcome brought the legal process to a close after years of investigation and negotiation.

The settlement allowed the client to move forward with her life. She also expressed a wish to become more involved in advocating for a maternal injury charity, MASIC, helping raise awareness of the experiences of women affected by maternal injuries.

What the client said

“I highly recommend Maya Sushila as your solicitor for any medical negligence cases. Maya and her team at Moore Barlow are professional, sympathetic, and can really fight for you. I always felt like they updated me all the time with any important news and felt like they had my back 100% of the time. These cases are complex in nature and there is a lot that needs to be done, but the team is organised and helps you get things done no matter what. Thank you Maya and the team for helping me with my case, I would not have been able to do it without you.”

Client

Maya Sushila, the partner who handled the case, said:

“I am so pleased that we managed to secure a substantial settlement for our client. Such cases take a heavy emotional toll on clients who are already having to come to terms with the symptoms of faecal urgency and incontinence. Helping clients to navigate the legal landscape whilst supporting them through a traumatic injury and recovery is what we do. Our client can now move on with her life and wants to become more involved as an advocate for a maternal injury charity (MASIC).”

A birth injury can have lasting effects on your physical health and everyday life. When a serious tear isn’t diagnosed promptly, you may be left managing symptoms that could have been treated earlier.

At Fletchers, we understand that pursuing a claim while coping with the effects of an injury can be difficult. Our medical negligence team can help you understand your options and investigate whether mistakes in your care caused avoidable harm.

Find out more about our medical negligence claims service.

Contact us today to speak to our team.