Six-Figure Settlement for Negligent C-Section Delivery

Jodi Newton

Osbornes secures a six-figure settlement following a negligent caesarean section delivery

Jodi Newton, Partner and head of our Obstetric and Birth Injuries team, was instructed in a surgical injury claim against Frimley Health NHS Foundation Trust (“the NHS Trust”) where our client’s bladder was injured during a caesarean section (“C-Section”) and the Trust failed to investigate the injury post-operatively.

The background

Prior to the incident our client had undergone two C-sections. She also had a history of ulcerative colitis, and her recovery plan for this included the medications Infiliximab and Asacol. During her third pregnancy, our client underwent an elective C-section, and her bladder was perforated during the surgery.

Damage to the surrounding tissue during a C-section surgery is a known risk. Our client’s previous surgeries with the presence of adhesions raised the likelihood of bladder injury occurring during her third C-section. Additionally, the management of ulcerative colitis with immunosuppressants is known to impair the tissue healing process.

Following the surgery, the surgeon noted that our client’s urine catheter contained blood, known as haematuria. However no further investigations were undertaken to investigate or confirm a possible bladder injury, and no second opinion was sought from the urology team.

Our client continued to have haematuria during her postnatal stay in the hospital and she was suffering from pain and incontinence. Although she and her partner raised concerns, no proper investigation was carried out to determine if her bladder was injured. Her catheter was removed after 10 days without review by the obstetric team and she was discharged from the hospital with the symptoms continuing and the pain increasing.

Our client eventually underwent a CT cystogram 3 weeks after her C-section which showed that her bladder had been perforated. Further scans over the following months showed that our client had also developed a fistula between her bladder and uterus.

She required prolonged catheterisation and further surgery to repair her bladder and the fistula, which was highly traumatic. Despite the surgical repair, she still suffers from incontinence and urological pain.

Our client’s life has been significantly impacted. She required extensive invasive surgery and due to NHS waiting times, had to pay for this on a private paying basis. Her injuries made it difficult for her to go outside, socialise and live life as normal, and she has now lost her confidence. Additionally, she was unable to look after the newborn baby or her two other children for a prolonged period because of her injuries, and this has caused her great emotional pain.

Claim against the NHS Trust

Through a meticulous investigation, Jodi Newton has settled our client’s claim for a 6-figure sum without the need to issue Court proceedings, as the Defendant Trust admitted liability following the service of a Letter of Claim.

With a proactive approach, the team obtained comprehensive medico-legal expert evidence from a urogynaecologist, urologist and psychiatrist.

Prior to final settlement, the team achieved a significant interim compensation payment, underscoring Osbornes’ commitment to achieving the best outcomes for our clients.

The NHS Trust admitted they had breached their duty of care to our client by:

• Failing to recognise the bladder injury during the C-section, despite the red flag symptoms and failing to investigate these symptoms further or seek a second opinion from a urologist
• Removing our client’s catheter early
• Failing to consider transferring our client to a local hospital for a CT Cystogram to be completed post operatively

The NHS Trust also admitted that with the appropriate care our client’s injury would likely have been recognised and repaired during the C-section, and she would have avoided the need for prolonged catheterisation, an additional surgery, and the pain and suffering she has experienced due to the medical negligence.

Jodi Newton says:

“We are proud to have achieved a favorable settlement for our client, ensuring she received the compensation she deserved without the added stress of court proceedings. Our client endured significant physical and emotional pain due to the negligence she experienced, and we are glad to have been able to make her suffering acknowledged.”

How can we help?

If you or a loved one has experienced a similar situation, do not hesitate to contact our specialist team. We are here to provide the expert legal support you need to navigate these challenging times and ensure you receive the justice and compensation you deserve. Please contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811