A mother who suffered a missed third-degree tear during childbirth – leading to months of faecal incontinence, pain and psychological trauma – has settled her birth injury misdiagnosis claim against the defendant hospital trust.
Timeline of events
In spring 2020, Sarah – who was in her late 20s – attended hospital for her first pregnancy scan. Her pregnancy was progressing normally at first, but from July onwards, doctors began noting that her baby was large for its gestational age. Several scans followed, and Sarah was advised to consider induction due to the size of the baby and possible risks. However, she opted to wait for labour to start naturally.
In autumn 2020, Sarah was admitted to hospital in early labour. She progressed steadily and gave birth to her daughter late that afternoon. The birth was recorded as a spontaneous vaginal delivery and Sarah was initially diagnosed with a second-degree tear.
However, within days of giving birth, Sarah began experiencing severe pain, was unable to sit comfortably and noticed symptoms of faecal incontinence. A midwife later observed what appeared to be a tear and raised concerns that her injury had been underestimated.
A doctor examined Sarah and suspected a more serious third or even fourth-degree tear. By then, it was too late to carry out an immediate repair under spinal anaesthetic – the window to treat the injury correctly had passed. Sarah was discharged with a plan to assess her injury further in outpatient appointments.
Over the following year, Sarah underwent multiple investigations, including endo-anal ultrasounds, and was seen by several specialists. The scans confirmed she had a partially torn external anal sphincter – a clear sign that her original tear had been more severe than diagnosed.
Sarah continued to suffer from faecal urgency, occasional soiling and was unable to hold wind. She also experienced ongoing pain and felt extremely self-conscious about the cosmetic appearance of her vulva. These issues affected her confidence, ability to return to work and mental health. She was later diagnosed with symptoms of trauma and underwent several sessions of psychological therapy, including EMDR.
How we helped Sarah’s birth injury case
Sarah approached us after receiving a letter from the hospital confirming that a review of her care was underway. She had concerns about the misdiagnosis of her birth injury and the impact it had on her health and quality of life.
Our medical negligence team obtained her records and arranged for her case to be reviewed by independent experts. It became clear her third-degree tear had been missed and left unrepaired, causing her long-term injury and trauma.
We submitted a formal Letter of Claim to the hospital, outlining the key failures, including:
- A missed third-degree tear during delivery
- Inadequate examination and documentation by the midwives involved
- Delays in referring Sarah for specialist treatment
- Avoidable pain, incontinence and psychological harm
The hospital admitted the tear had not been correctly diagnosed or documented at the time of birth, and that this was a breach of duty. Sarah’s claim was settled out of court, ensuring she received compensation to reflect her injuries and ongoing care needs.
A note from Maryam Abdullah
“Sarah’s experience is a painful reminder of how important accurate post-birth examinations are. The consequences of a missed third-degree tear can be life-changing. Thankfully, Sarah had the courage to pursue her claim and hold the Trust accountable. We hope this settlement will allow her to move forward and access the support she needs.”
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