Emma Meagher Solicitor has recently secured settlement of a six figure sum for a young woman who suffered an undiagnosed  3^rd degree perineal tear while giving birth to her baby girl.

Our clients baby was in the occiput posterior position (baby’s head was against the Mum’s back) and weighed over 4kg. These are both risk factors which medical practitioners should identify when advising a patient whether or not they need a caesarean. These risk factors were never discussed with our client.

On the 1st July 2011 our client went into labour, she soon got into difficulties as the baby’s head was in the incorrect position for delivery. Instead of rotating the head, the baby’s head was dragged through the birth canal with a curved forceps. When a baby is in the OC position the posterior of the baby’s back is usually extended straight along the mother’s spine. When the baby’s back is extended is often pushes the baby’s chin up making the baby’s head seem larger. This procedure with the curved forceps damaged the mother’s local soft tissue and led to our client suffering a 3^rd degree tear leading to her anal sphincter. The Doctor failed to notice the tear and therefore failed to suture and repair it. Due to the tear not being immediately repaired our client suffered from faecal incontinence and infection.

Four months after the birth of her baby our client had to return to hospital for further surgery to have the tear repaired. Unfortunately, the repair has not been totally successful and she still suffers from continued symptoms of urgency. Her injuries have also affected her relationships and she has suffered psychologically and emotionally. Our client also suffered loss of earnings as she could not return to work.

The medical experts engaged by James McSweeney Solicitors confirmed that if the treating doctor had identified the tear and immediately repaired it she would not have suffered the trauma she had to endure, she would have had a good outcome and would not have suffered continence or any other related problems.