This case involved a failure to advise our client of the risks of a vaginal birth after Caesarean Section (VBAC). A vaginal birth after having had a Caesarean Section is possible however there are certain risks associated with a VBAC which must be outlined to the expecting mother and discussed in detail to achieve informed consent for the procedure. Our client suffered severe injury to her pelvic floor following excessive force being used during an instrumental delivery. The matter was complicated further as our client had been incorrectly diagnosed and treated for a third-degree tear.
We took instructions and obtained all our clients medical records. Following a detailed review of the medical records we were able to advise our client that there was merit for investigation by independent medical experts. We made an application for legal aid on our client’s behalf and once in receipt of a Legal Aid Certificate we obtained expert medical evidence from several medical disciplines such as Obstetrics, Colorectal, Radiological and Psychiatric opinion which all supported a case in negligent medical care having been administered.
Liability was disputed by the Healthcare Trust however a settlement of £100,000 was achieved a few days before the case was to be heard in the High Court. Our client was very happy with the settlement and extremely relieved we were able to agree a satisfactory settlement figure before having to endure the stress of attending Court.