Claim for Birth Injuries to Mother Resolved after Two-Year Delay

Posted on: December 5th, 2014 by Editor

A compensation claim for birth injuries to a mother during the delivery of her child has been resolved after the NHS Trust responsible for her injuries denied liability for two years.

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

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

Dalia from Rising Brook in Staffordshire had to give up her job as a student nurse and undergo treatment for the complications. She also had therapy to help her cope with the emotional change in her lifestyle. The cause of the complications was investigated and found to be due to an inadequate repair to the perineal tear.

After speaking with a medical negligence solicitor, Dalia made a compensation claim for birth injuries to a mother against the Mid-Staffordshire NHS Foundation Trust, alleging that her post-delivery complications would not have occurred had the perineal tear been properly repaired at the time.

At first, the NHS Trust denied the medical team at the County Hospital was responsible for Dalia´s injuries and a two-year legal battle resulted. Only after an independent investigation was held into the cause of Dalia´s health issues did the NHS Trust admit that the doctor who was responsible for treating the original tear may have caused the problems by stitching the wrong location or by failing to spot a natural tear in Dalia´s body tissue.

With liability conceded, negotiations began to resolve Dalia´s compensation claim for birth injuries to a mother. An amount of £390,000 was eventually agreed without the need for court action, and the settlement will be held in a personal injury trust to cover the cost of Dalia´s ongoing physical treatment and to pay for further therapy.


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