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Compensation For Post Birth Negligence

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Six years of discomfort and upset following a difficult labour and resulting mismanaged care prompted a patient to pursue a claim in the hope that the hospital would learn from their mistakes.

An administrative error was blamed for the mix up and years of distress and our client received £7,500 in compensation.

She gave birth at St Marys Hospital, Manchester, in December 2009 and sustained a 3rd degree perineal tear which was appropriately repaired. Mrs M was then discharged with advice on after care, reassured that she would be referred for follow up care in the Gynaecological Physiotherapy clinic. 

Unfortunately, there was failure to offer her an appointment in the clinic and a 20 month delay in the commencement of appropriate treatment.

During the delay Mrs M suffered distressing and embarrassing symptoms such as bladder and bowel incontinence and urgency.  She received no advice on her symptoms from her treating clinicians and was afraid that her problems would be permanent.

Following Mrs M’s complaints to her GP she was eventually offered an appointment in the Gynaecological Physiotherapy clinic.  There were further delays in commencing appropriate treatment and in April 2016 (approximately 6 years after the initial incident) Mrs M was offered surgery with a view to treating her ongoing problems. 

She instructed Pearson Solicitors to investigate the matter on her behalf.  Experts were instructed and following detailed pleading of the case the Central Manchester University Hospitals NHS Foundation Trust admitted failures of care and said our client experienced an avoidable 20 month delay in her treatment as a consequence of an administrative error.

Jacqueline White, Clinical Negligence Solicitor, in the charge of the case said:

“What happened to Mrs M was a simple administrative error that unfortunately had a massively detrimental impact on her life.  It is so important that Hospital Trusts keep standards of care high across the board from surgeons through to administrative staff. 

“I am pleased that my client was able to recover compensation for the negligence and hope that the Trust see this as a learning opportunity,” she added.

Upon conclusion of the claim, Mrs M said “I am so thankful for the hard work and effort Jacqueline put into the investigation of my claim.  She was empathetic and professional from the outset which made the process so much easier and I am so very pleased that we were able to settle the case without the need for Court proceedings. 

“I do hope that the Trust has learned from the failures in my care and ensures that these sorts of failings do not happen again”.


Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.

Written by Jacqueline White


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