Mrs B went into labour with her first child in June 2014. She attended the Defendant Trust hospital, and despite labour initially progressing well, she required an episiotomy to allow for a rotational forceps delivery. Mrs B’s baby was born fit and well, but unfortunately, her episiotomy tear had extended and she sustained multiple tears during the delivery.
Following the birth of her baby, Mrs B underwent vaginal examination and suturing of the tears. However, during this procedure, a vaginal swab was thought to have gone missing, and the doctor advised it had been retained in her wound. Mrs B then underwent three uncomfortable and distressing additional examinations to try and locate the swab. However, an x-ray performed some 12 hours later confirmed that there was in fact no retained swab.
Following the traumatic birth of Mrs B’s first baby and her discharge from the hospital, she suffered problems with the perineal wound healing, and the ordeal affected her psychologically. She was referred to Gynaecological Services for perineal soreness and underwent further investigation.
Mrs B later delivered a second baby in October 2015, and it was not until her perineal repair was re-sutured at that time, that her symptoms improved.
Negligence claim for suspected retained swab and additional unnecessary examinations
Mrs B made a complaint to the Defendant Trust regarding the birth of her first baby. They completed a thorough investigation and admitted there were failings in the care they provided. They stated the Trust’s policy was not adhered to when managing the retained swab and criticised the standard of practice and behaviour of the Obstetrician involved. The Trust concluded that Mrs B was subjected to unnecessary vaginal examinations and an x-ray in the immediate post-birth period of her first child.
Mrs B contacted Nelsons, who investigated a clinical negligence claim on her behalf. Medical negligence specialists Baishali Clayton and Amy Robinson worked closely with Mrs B to bring a case against the NHS Foundation Trust.
Although liability was only accepted in part and the Trust initially made a low offer, Nelsons helped achieve an out-of-court settlement of a five-figure sum for Mrs B.
Mrs B commented, “the staff have been amazing at Nelsons the whole way through the process, making a difficult process an easy one. Thank you”.
Comment
It is unacceptable that women are being subjected to unnecessary examinations and ongoing difficulties during a time when they should be enjoying their newborn baby. Nelsons are pleased that we have been able to secure some compensation for Mrs B, and hope that lessons have been learnt so that services are improved.