Birth Injury to the Mother Claims

Examples of negligent care can include:

• Not considering risk factors before delivery, such as a big baby and failing to advise the patient appropriately with regards to the options available for delivery
• Failing to avoid a tear during delivery by taking the appropriate and recommended steps
• Delay in diagnosing a tear
• Delay in repairing a tear
• Failure to repair a tear by a competent doctor in an operating theatre
• Failing to treat infection appropriately, leading to breakdown of the wound and possibly sepsis.

Where 3rd and 4th degree tears occur, it can result in serious injury to the mother. The nature of how the tear occurred is important in relation to whether there was negligence. In addition, the standard of the surgical repair and the doctor’s competency in performing the repair are examined when considering whether injuries are as a result of negligence.

A third-degree tear is a deep tear that extends from the vaginal wall towards the perineum and the muscle surrounding the anus. These tears require stitches or surgical repair by a competent doctor in an operating theatre.

A fourth-degree tear is the most severe of all tears. This tear involves the anal canal and rectum. This tear also requires repair in an operating theatre.

Serious, life-long injuries can arise if third or fourth degree tears are not repaired correctly. Good hygiene is also imperative so as to avoid sepsis.

Injuries include bowel incontinence, uncontrollable wind, a fistula developing between the vagina and anus, infection leading to sepsis. These injuries can have a major impact on a mother both physically and psychologically.

If bowel incontinence is severe it can result in a mother requiring surgery. Sometimes doctors can recommend that a stoma is created in order to allow the tear time to heal. A stoma is a surgically created opening which diverts the flow of faeces from the intestine to the opening and into a bag. This is extremely distressing for anyone but particularly for a mother trying to manage a new-born baby.

Compensation is sought for pain and suffering but also for loss of earnings, rehabilitation equipment and any other expenses incurred as a result of the injuries.

Women who have suffered tears during delivery are often reluctant and too embarrassed to discuss their injuries with anyone. We have successfully represented numerous clients over almost 20 years with third and fourth degree tears and we understand and are sensitive to the affect that the injuries can have on a woman.

Pre-eclampsia is a condition that can occur during pregnancy and if symptoms are not picked up it can cause injuries to the baby and the mother.

Signs of Pre-eclampsia:

• High blood pressure
• Swelling in hands and face
• Nausea or sometimes vomiting
• Severe headaches
• Blurry vision
• Pain below the rib cage
• Protein in pregnant mother’s urine
• Shortness of breath

High blood pressure during pregnancy can be serious for both the mother and baby and it is imperative that a midwife or doctor does not ignore signs of high blood pressure.

Where severe pre-eclampsia occurs the mother and baby are at risk of injury as a result of:

• Placental abruption – This is a medical emergency in order to avoid injury or death to both the baby and mother.
• Eclampsia – this is where a pregnant woman has seizures or in some cases may result in a coma.
• Poor blood flow to the placenta which can result in oxygen deprivation to the baby.
• Increased risk of developing heart and blood vessel diseases.
• Hemolysis Elevated Liver Enzymes (HELLP) syndrome which is a life-threatening condition.

  In cases of severe pre-eclampsia, a mother will be scheduled for a caesarean section. This is to protect the baby and the mother.

There are two main types of wrongful birth claims:

1. Where a vasectomy or sterilisation was not performed correctly, and this resulted in an unwanted pregnancy.
2. Failure to warn the parents of the baby’s disability or genetic condition

Failed vasectomy:

This occurs in less than 1% of vasectomies and can lead to unwanted pregnancy.

There are three main reasons why this occurs:

1. Where the surgeon makes a mistake during the procedure and misses the tubes
2. Where the tubes that are snipped reconnect on their own
3. Where someone has unprotected sex during the first 12 weeks following the procedure

Failed sterilisation:

Sterilisation of a woman, where her fallopian tubes are sealed or blocked off, is 99% effective but it can result in pregnancy in the following circumstances:

1. Where the procedure has been performed poorly
2. Where the tubes re-join on their own

Failure to identify genetic condition:

Genetic testing is becoming more common where a pregnant mother can have a simple blood test or scan to determine if the baby has a genetic condition.

Where there has been a missed diagnosis or a failure to diagnose a genetic condition parents may have a claim for medical negligence.

An unwanted pregnancy claim will seek compensation for pain and suffering, both physically and psychologically, loss of earnings and the cost of a second vasectomy or sterilisation procedure.