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Damages for substandard provided to our client following birth of her baby after a caesarean section

Our client has successfully secured damages against the Ashford and St Peter’s Hospitals NHS Foundation Trust.

Our client became pregnant in May 2013. This was her first pregnancy and her baby was due on the 16 January 2014.

Our client’s passed her due date and she was told that she would be admitted to the St Peter’s Hospital for an induction of labour on the 30 January 2014. However, she began to experience contractions and had a spontaneous rupture of membranes on the 29 January 2014.

Our client was given Entonox for pain relief and was encouraged to urinate but found it difficult due to the pain of her contractions. At around 22:28, it was noted that due to our client’s baby’s position, she would require an assisted delivery.

At 02:50 on 30 January 2014, she was taken to theatre and was given a spinal anaesthetic. A Caesarean section was not required as her baby was delivered by forceps. Following her delivery, it was noted that she would need to be catheterised.

During a midwifery change on the 30 January 2014, our client was not catheterised. It was subsequently noted to be missing and the catheter was duly inserted. However, by this point, our client was numb below the waistline and the catheter drained 2.5 litres of urine.

It was explained to our client that her bladder had become over distended and that she would need to keep a catheter in for 6 weeks.

She was also advised that she would need a urodynamic study and that there was a possibility that if her bladder was hypertonic she might require further treatment in the future.

During the 6 weeks post birth, our client suffered urinary tract infections and was unable to completely empty her bladder.

She was prescribed with two courses of antibiotics to assist and alleviate these symptoms. Our client subsequently underwent several bladder scans which confirmed that she did have a satisfactory urinary flow rate but if she was to require further surgery in the future, she would need to advise the treating team that she had previously had a distension episode.

Our client was informed that there may be some long-term impacts such as the risk of suffering permanent bladder damage in the event that she does go into bladder distension again.

Unfortunately, our client also suffered increased anxiety levels and worry about her health and avoidance symptoms as a consequence of the treatment that she received. This required 4 sessions of telephone CBT counselling.

How our experienced solicitors handled her cases?

Johnathan Steventon-Kiy, specialist Clinical Negligence Lawyer, pursued our clients claim. Johnathan argued that the standard of care offered to our client fell below that which she was to reasonably expect.

Johnathan obtained expert evidence which confirmed that the failure to insert a catheter following the birth of our client’s baby by forceps and spinal anaesthesia caused her bladder over distension injury.

Johnathan presented these allegations to the Trust who admitted liability although disagreed that our client was at risk of future over distension injury. Following a conference with the medical expert and barrister, Johnathan was able to negotiate a settlement of £10,000.00 which our client accepted plus payment of her legal costs.

Johnathan Steventon-Kiy, specialist Clinical Negligence Lawyer says,

“I am really pleased that we were able to conclude this case amicably and that my client obtained an award of damages that was both fair and reasonable and, crucially, that he was happy with. Despite the partial admission from the Trust, our client continued to fight and secured the compensation she deserved.”

Johnathan Steventon-Kiy and the Clinical Negligence team at Swain & Co Solicitors regularly win compensation for their clients. If you, a family member or a friend suffer from Clinical and/or Medical Negligence contact our team today on 0800 0351 999.

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