Compensation Claim for Perineal Tear Injury Resolved Out of Court after Two-Year Wait

A woman´s claim for a perineal tear injury has been resolved out of court after an NHS Trust denied its liability for the injury for more than two years.

In February 2010, Dalia DuMaurier gave birth to a daughter at the County Hospital in Stafford. Dalia´s pregnancy with Isabeau had been trouble-free and healthy, but unfortunately during the delivery process Dalia suffered a perineal tear.

The tear was noticed by the consultant physician attending Dalia and repaired; however, within the following months, Dalia developed complications such faecal incontinence, a rectovaginal fistula and a parastornal hernia.

Having to now wear a colostomy bag and receive regular treatment for her injuries, Dalia (30) from Rising Brook in Staffordshire was forced to give up a career in nursing. She also had to undergo therapy to help her cope with the changes in her lifestyle.

After a medical investigation, the cause of the complications was identified as an inadequate repair to the perineal tear. Dalia took legal advice and made a claim for a perineal tear injury against the Mid-Staffordshire NHS Foundation Trust, alleging that she would not have suffered the complications had the tear been adequately repaired at the time.

The NHS Trust denied its liability for Dalia´s injuries for more than two years until an independent enquiry revealed that in all probability Dalia´s injuries were caused by the consultant physician either stitching the wrong location or failing to spot a second tear.

Negotiations began to resolve Dalia´s claim for a perineal teat injury and a settlement of £390,000 was agreed out-of-court to compensate her for her avoidable injuries. The settlement will be held in a personal injury trust to account for the cost of Dalia´s ongoing treatment.

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