Compensation recovered for woman who did not give consent to treatment during childbirth
If you did not give your consent to treatment during childbirth or any other medical procedure, then talk to our experienced lawyers about your right to receive compensation. Call 0333 888 0436 or email [email protected]
It is well known that labour can be extremely traumatic, and although you are bringing a new life into the world the path to birthing your child does not always run smoothly.
Medical Negligence solicitor, Caroline Webber-Brown, has successfully assisted a mother who was left on antidepressants and suffering PTSD following the birth of her child.
Our client contacted Caroline as she had not given consent to vaginal examinations, or an episiotomy being performed during her Labour.
Our client’s story
Our client was admitted to an East Sussex maternity ward, at 40 weeks pregnant. She had raised blood pressure, and excess amniotic fluid, so it was decided that she would be induced.
The propess was inserted and by the next morning, her contractions had become stronger, and she was in active labour.
The midwife picked up a potential problem with the baby’s heart rate, so it was decided that our client would have a ventouse kiwi cup delivery, which she consented to.
The obstetrician was called to assist and then proceeded to perform a number of vaginal examinations, which our client did not consent to. She repeatedly asked them to stop and to be informed before any internal examination was carried out.
As the delivery progressed, the obstetrician proceeded to perform an episiotomy without first discussing this with our client or advising her it was going to happen. It was only when she felt the injection of anaesthetic in her perineum and heard the midwife mention her being cut, that she realised it was happening.
She asked the obstetrician to stop and said that she did not want to be cut open and had not consented to this. Unfortunately, her request was too late, the episiotomy had been completed. Her daughter was born shortly afterwards.
Consent to treatment during childbirth
Caroline obtained her client’s medical records, which had notes from the matron on shift, along with the midwife, who both referred to our client not giving consent to treatment before the episiotomy was performed.
She had consented to the vaginal examinations that had occurred early in her labour, as they were explained to her and she was able to process what would happen, but this was sadly not the case in the later stages of childbirth.
As a result of this, our client experienced severe anxiety, suffering flashbacks and heart palpitations whenever she thinks about the birth.
This also occurs when she visits the hospital and needs to have any further examinations. She has been diagnosed with PTSD and post-natal depression, and has been put on anti-depressant tablets and has had to attend counselling sessions. It has also affected intimacy with her partner.
Her main concern was that prior to the vaginal examinations and episiotomy procedure being carried out, she was not informed about the process, so she was not mentally prepared for what was happening to her.
Medical negligence claim for lack of consent to treatment
Consent to treatment is a human right and one that should still be respected during childbirth. This includes the right to receive information, so that an informed decision can be made. We therefore agreed to pursue a medical negligence claim on her client’s behalf, working on a no win no fee basis.
Caroline contacted the NHS Trust and was successful in obtaining an early admission of liability. After a series of negotiations, we reached an out of court settlement in excess of £50,000.