Medical Negligence News

Liability Admitted in Perineal Tear Compensation Claim

Posted on: December 4th, 2014 by Medical Negligence

The Mid-Staffordshire NHS Foundation Trust has conceded liability in a perineal tear compensation claim and settled the claim for £390,000 after a two-year legal battle.

Dalia DuMaurier (30) from Rising Brook in Staffordshire gave birth to her daughter Isabeau via a vacuum procedure in February 2010 at the County Hospital in Stafford. Dalia´s pregnancy had been free of complications, but during the delivery of her daughter, she suffered a perineal tear.

Although noticed at the time and repaired, complications developed from the tear which resulted in Dalia suffering a series of medical problems. As well as a rectovaginal fistula and faecal incontinence, Dalia suffered a parastornal hernia and now has to wear a colostomy bag.

The complications were examined and discovered to be attributable to the perineal tear being inadequately repaired. Dalia had to give up her job as a student nurse and had to undergo treatment for the complications, as well as therapy to help her cope with the change in her lifestyle.

Dalia sought legal advice and made a perineal tear compensation claim against the Mid-Staffordshire NHS Foundation Trust, claiming that she had been a victim of medical negligence and that her complications would not have occurred had the perineal tear been adequately treated at the time.

The NHS Trust initially denied liability for Dalia´s injuries and a two-year legal battle followed. The NHS Trust only admitted liability in March this year when an independent investigation found that the doctor who was responsible for treating the original tear may have caused the problem by applying a stitch to the wrong location or by failing to spot a natural tear in Dalia´s body tissue.

With liability conceded, negotiations began to settle Dalia´s perineal tear compensation claim for an appropriate figure. Eventually an amount of £390,000 was agreed in an out-of-court settlement, which will be held in a personal injury trust to cover the cost of Dalia´s ongoing physical treatment and therapy for her emotional trauma.