Mother secures compensation after negligent labour management led to life-changing injuries

Davina’s pregnancy did not have complications. She attended hospital on 17 October 2020 after experiencing what she believed to be a rupture of her membranes along with mild contractions. Although contractions were confirmed, her labour progressed slowly throughout the day.

Davina was later transferred to the labour ward despite her contractions remaining relatively infrequent. By the evening, it was recorded that she was making good progress and plans were made to augment her labour. However, her contractions did not improve and several hours later the decision was made to proceed with an assisted delivery.

An attempt was made to deliver the baby using a ventouse, which is a suction device placed on the baby’s head to help guide them out during contractions. However, after two unsuccessful pulls this was abandoned and forceps were used. Her daughter was delivered shortly afterwards in a healthy condition.

Following the delivery, Davina was found to have sustained a fourth-degree tear, the most severe type of perineal injury, extending through to the lining of the back passage. She was taken to theatre in the early hours of 18 October 2020 for surgical repair.

The following day, Davina began experiencing concerning symptoms, including leakage from her back passage. Despite this, she was discharged home on 20 October 2020.

The next day, Davina returned to hospital after noticing she had passed stool through her vagina. Investigations confirmed that she had developed a rectovaginal fistula. She required urgent surgery, including a washout of the wound and the formation of a defunctioning ileostomy. This is a procedure which diverts the bowel to an opening on the abdomen (known as a stoma).

Davina lived with a stoma for approximately 15 months and understandably found this very difficult to cope with, both mentally and physically. During this time, she experienced leaks which caused sore skin and significantly restricted her ability to leave the house and care for her newborn daughter.

Davina went on to undergo multiple further procedures, including repair of the rectovaginal fistula and reversal of the ileostomy, which is an operation to reconnect the bowel once the stoma is no longer needed. She also developed incisional hernias, where tissue pushes through a weakened area of the abdominal wall at the site of previous surgery, requiring two further surgeries. Each surgery carried significant recovery periods, which impacted on her ability to work and care for her young children.

As a result of the negligence, Davina continues to suffer from debilitating long-term complications, including severe daily abdominal pain caused by internal scarring (adhesions) which limits her ability to carry out everyday activities. She also experiences bowel urgency and incomplete emptying, requiring careful planning of daily life to avoid accidents.

In addition to her physical injuries, Davina has also suffered a psychiatric injury. In the months following the birth of her daughter, she experienced frequent nightmares and continues to be affected by reminders of her traumatic experience, as well as of the early weeks of her daughter’s life which she feels she was unable to fully enjoy. Her second pregnancy, which resulted in the birth of her son by elective caesarean section in July 2024, was also affected by pain and anxiety.

In a legal claim against The Princess Alexandra Hospital NHS Trust, Kirsten Wall, Partner in Leigh Day’s medical negligence department, and her team argued that there were multiple failures in Davina’s care. These included a failure to recognise that her labour was not progressing as expected, a failure to appropriately manage the second stage of labour and consider alternative modes of delivery, and failures in the performance of an episiotomy and in her postnatal care.

It was argued that, had appropriate care been provided, Davina would likely have been offered a caesarean section and avoided the fourth-degree tear and its significant complications. Alternatively, different management of her delivery would have reduced the risk and severity of her injury.

During the course of the claim, the Trust admitted breaches of duty and acknowledged that earlier and different decision-making in labour would likely have avoided Davina’s injuries. They issued a formal apology for the care she received.

The claim was subsequently settled for a six-figure sum in April 2026.

Davina said:

“Kirsten Wall has been beside me every single step of the way. Through every question, every worry, every moment of doubt—she was there. Patient, kind, and always understanding. She didn’t just do her job, she truly cared. Marie and Ayla have been just as incredible, showing the same compassion, reassurance, and dedication throughout.

I cannot put into words how much it has meant to feel heard, supported, and believed during such a vulnerable time in my life. This team of amazing women have handled everything with such sensitivity and strength, never once making me feel like I was just another case. They made me feel human. They made me feel safe”