We helped Ashley* get answers, support, and compensation after she experienced medical negligence during the birth of her child. She developed Asherman’s syndrome which means that she can’t have any more children, despite having planned to have more.
What happened to Ashley?
Ashley, who was 29 at the time, was expecting her first child. She had an uneventful pregnancy, was assessed as low risk, and set to receive midwife-led care.
At 39+3 weeks gestation, Ashley went to the hospital following a spontaneous rupture of membranes (SROM). The hospital confirmed Ashley had SROM, but she was sent home and told to return in 48 hours for induction of labour if it hadn’t started already. This time was incorrect. Ashley should’ve been told to return to hospital in 36 hours.
When Ashley returned to the hospital, she had a delay of 14 hours before being transferred to the delivery suite. Over the next few days, she had 11 vaginal examinations and was prepared for instrumental delivery.
After several unsuccessful attempts at instrumental deliveries, a consultant intervened and following a vaginal examination, he found thick meconium-stained liquor. He also said the baby’s head wasn’t in the right position for vaginal delivery.
The senior obstetrician found that Ashley needed an emergency C-section following failed instrumental delivery. Her baby was delivered by extending the normal C-section excision to improve access.
The baby suffered a subgaleal haemorrhage and had a grade one hypoxic ischaemic encephalopathy. Following delivery, she was transferred to the Special Baby Care Unit.
After delivery, Ashley became hypotensive and tachycardic. She was transferred to the Obstetric High Dependency Unit due to abnormal arterial blood gas results, indicating metabolic acidosis. She became anaemic and needed blood transfusion. Ashley deteriorated further, developed severe septic shock and was admitted into the intensive care unit (ICU).
Ashley eventually left the ICU but went on to develop Asherman’s syndrome. This condition develops when scar tissue forms inside the uterus and/or the cervix. It was found that the scar tissue had formed as a result of the multiple unnecessary vaginal examinations, which caused severe infection.
Both mother and baby were able to leave the hospital after being allowed time to recover. Ashley’s child is now seven and thankfully she has not sustained any long-term injury, despite the findings at birth.
How did this experience affect Ashley’s life?
The negligence Ashley experienced has impacted her life massively. Because Ashley now has Asherman’s syndrome, this means that she won’t be able to conceive any more children. She and her partner had planned to have three or four children, but this is no longer possible.
Ashley was also diagnosed with post-traumatic stress disorder (PTSD) following the trauma of the birth.
In addition, Ashley developed bladder and bowel urgency and incontinence as a result of the negligence.
She’s also been left unable to continue working in her previous self-employed role which she loved.
How did Irwin Mitchell help Ashley?
Ashley came to our specialist maternity team for help with getting answers about what had happened to her as well as compensation and access to the best support and rehabilitation available.
Saydie Farrell, an Associate Solicitor, worked with Ashley and her family to bring a claim against the Hospital Trust.
Saydie was able to prove that the excessive number of vaginal examinations and/or multiple attempts at vaginal delivery caused Ashley’s sepsis. She was able to do this by examining the medical records and obtaining opinions from several independent medical experts.
Despite being presented with the evidence, the Hospital Trust didn’t accept liability in full initially. However, the Hospital Trust went on to admit liability in full several years after proceedings had been issued at Court. It was admitted that Ashley sustained Asherman’s syndrome, as well as faecal urgency and incontinence, because of the multiple attempts at instrumental delivery.
Ashley’s case was set to go to Trial, but Saydie was able to settle the claim three weeks before the Trial, meaning Ashley avoided the added stress of a final Court hearing.
We were able to secure Ashley a six-figure settlement. This money is being used by Ashley to fund the surrogacy costs of achieving the family she has always wanted. The money will also be used to cover both her past and future loss of earnings and fund the care and support she needs.
On Ashley’s claim, Saydie said: “What should’ve been a routine labour experience was far from it because of the care that Ashley received.
“She can no longer have children, which had always been her life plan, and she has been diagnosed with PTSD and depression because of significant failures in care.
“Thankfully, the compensation will help her and her partner to have at least one more child through surrogacy, and allow them to expand their family as they had always hoped. Hopefully, she now has a better understanding of what went wrong, and she can start to move forward with her life.”
*Not real name used.
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