Our client Natalie, a woman who suffered from severe faecal incontinence due to a missed third-degree tear during the delivery of her first child, has settled her medical negligence claim against the defendant hospital trust.
Timeline of events
In 2017, Natalie gave birth to her first child. During the delivery, she sustained a perineal third-degree vaginal tear. However, the attending midwives mistakenly classified it as a second-degree tear – leaving it unrepaired, which led to long-term complications for Natalie.
Shortly after giving birth, Natalie began experiencing faecal incontinence. At first, she hoped the symptoms would improve on their own, but they persisted. Eight months later, she consulted her GP, who increased her antidepressant dosage, mistakenly thinking anxiety was contributing to her symptoms.
Despite some improvement in her psychological state, Natalie’s bowel problems continued. A referral to the hospital’s gastroenterology department was made more than a year after Natalie gave birth. Over the next few months, she underwent various tests, including a rectal examination and anorectal manometry, which revealed significant damage to her external anal sphincter.
In 2019, an ultrasound confirmed fibrosis of the muscle, and she was diagnosed with severe faecal incontinence. Despite attempts at treatments such as biofeedback and anal plugs, Natalie’s symptoms have not improved.
How we helped Natalie’s medical negligence case
Natalie approached us for help after struggling with the devastating impact of the missed tear. Despite the defendant hospital denying liability for years and delaying her treatment, we were able to help her secure an out-of-court settlement after a joint settlement meeting.
A note from Fernanda Simionato-Ayling
“This was a complex case where Natalie’s life was severely affected by the failure to properly treat her third-degree tear.
“Had Natalie’s rectum been properly examined and her third-degree tear correctly diagnosed, it would have been repaired immediately. This timely intervention would have likely allowed her external anal sphincter to heal without long-term complications, preventing the incontinence and other issues she now faces.
“As a result of the missed tear and failure to repair it, Natalie has been left with severe faecal incontinence. She is unable to control her bowel movements and experiences daily accidents. The incontinence has drastically affected her personal life, limiting her social activities and causing significant psychological distress. She now lives in constant fear of being far from a toilet and must carry spare clothing due to the unpredictable nature of her condition.
“In addition to the physical symptoms, Natalie has developed psychosexual issues that have affected her intimate relationship. She experiences pain during intercourse and has a reduced desire for physical intimacy, further impacting her emotional wellbeing.
“The defendant trust’s initial denial of responsibility and delays only made things harder for Natalie. However, through persistence, we were able to ensure she received the justice she deserved.”
