Case study

Successful Clinical Negligence Claim Following Preventable Childbirth Injury 

Oliver & Co’s Clinical Negligence team successfully secured compensation for a mother who suffered a preventable injury during the birth of her son, after her concerns were repeatedly dismissed by hospital staff. 

Background 

Our client had delivered her first child by caesarean section in 2018. In May 2022, she attended hospital in labour and later gave birth to a healthy baby boy following a ventouse-assisted vaginal delivery. 

The Claim 

After delivery, the lower section of her bed was reattached while our client remained under the effects of an epidural. She recalls hearing the bed click back into place but, due to the epidural, was unable to feel that her buttocks had become trapped between the sections of the bed. 

As the epidural wore off, she began experiencing severe pain across her buttocks. She raised her concerns with nursing staff on numerous occasions whilst still in hospital and explained that the pain was becoming increasingly unbearable. Despite repeatedly reporting her symptoms, she was reassured that this was a normal part of recovery after childbirth and her buttocks were never examined. 

After returning home, her husband noticed a large, dark blister-like wound across her buttocks whilst helping her after a shower. The following day, a community midwife examined the injury for the first time and was visibly shocked by its severity. Our client subsequently required daily wound care for almost two weeks. 

The injury had a significant impact on our client’s recovery and her early weeks with her newborn son. She was unable to sit or lie comfortably, making breastfeeding and caring for her baby extremely difficult. The altered way she had to move and rest also aggravated her pre-existing rheumatoid arthritis, leaving her with increased pain in multiple joints. 

Although the wound eventually healed, it left a painful hypertrophic scar. Despite conservative treatment, including scar massage and silicone gel, she continued to suffer ongoing pain and sensitivity. She was later referred to the Plastic Surgery team, where steroid injections eventually provided some improvement. The scar, however, remains permanent. 

Outcome 

Following investigations by Oliver & Co, the Defendant admitted that there had been a breach of duty in failing to prevent our client from sustaining an injury to her buttocks during the reassembly of the delivery bed. The Defendant also admitted that healthcare staff failed to appropriately respond to our client’s repeated complaints of severe pain following the birth of her son, resulting in the injury not being identified and treated whilst she remained in hospital. 

The Defendant further admitted that these failings caused our client’s buttocks injury and that, as a consequence, she was left with a permanent scar. 

Following these admissions, the claim was successfully settled, securing compensation for the pain and suffering our client endured, together with the impact the injury had on her recovery and her ability to care for and bond with her newborn son during the early weeks of motherhood. 

Have you suffered an injury due to negligent maternity care?  

If you or a loved one has experienced avoidable harm during pregnancy, labour or childbirth, our experienced Clinical Negligence team is here to help. Call us on 01244 312306 or email us at law@oliverandco.co.uk for a confidential, no-obligation discussion about your potential claim. 

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