Fourth Degree Perineal Tear Following Forceps Delivery

  • Outcome: Settlement [$800,000 incl. costs]
  • Court: County Court of Victoria
  • Defendant: Private obstetrician

The plaintiff suffered catastrophic childbirth injuries following the delivery of her first child in July 2016. The case involved complex medical evidence regarding obstetric decision-making, risk assessment and the management of severe perineal trauma during delivery.

The Circumstances

The plaintiff was a first-time mother who underwent a forceps-assisted vaginal delivery. During the birth she sustained a fourth-degree perineal tear, the most severe form of obstetric perineal injury, involving damage to the vaginal tissues, perineum and anal sphincter.

The injury resulted in a recto-vaginal fistula, a condition in which an abnormal connection forms between the rectum and vagina. This complication required multiple surgical procedures to repair the damage, including the formation of a temporary loop ileostomy to divert bowel function while the injured tissues healed.

Ongoing Consequences

Despite surgical treatment, she was left with permanent physical and psychological injuries. She continues to experience significant bowel dysfunction, including faecal incontinence, urgency and reduced control of bowel function.

She also suffers ongoing pain, scarring and sexual dysfunction, together with anxiety and symptoms consistent with post-traumatic stress following the traumatic birth experience.

Medical experts concluded that her injuries have stabilised but resulted in permanent impairment that is expected to persist into the future.

Issues Investigated

The case involved detailed investigation of the obstetric management of the labour and delivery, including whether relevant risk factors for severe perineal injury were appropriately considered and discussed with the patient. Expert evidence also examined whether earlier recognition of those risks may have influenced the method of delivery or the counselling provided before birth.

  • What our clients say

We measure our success by how clients feel
throughout the process.

“

“We were told by another law firm that we had no claim, but then someone recommended […]

Today, we have settled a claim, and Anthony Porthouse was very professional and very responsive. He made it clear what was happening and what we should do. I would highly recommend […] for any case where you need to be looked after.”

John Turner

Verified Google Review

“

“I would fully recommend […] for several reasons.

My case involved the death of my husband so it has been an extremely difficult time for me. My lawyer (Anthony Porthouse) and his team were extremely compassionate and understanding. They kept me up to date with the progression of the case and explored every avenue regarding getting me the best result. Trust was a very important factor and I trusted their judgement completely.

I was treated with respect and not made to feel as though I was just another case. If you need a very good lawyer then I definitely would consider […] VH”

Val Hart

Verified Google Review

“

“I just wanted to put something in writing to thank […] particularly Anthony Porthouse and Mallika Uppal, for their professionalism, transparency, commitment, integrity, compassion and support throughout my particularly complex case. You made the whole process much less stressful than it could have been and I am so thankful to you for this.

Anthony and Mallika are highly competent and their expertise is second to none. They were always available to me for any questions I had and everything was always explained in plain speak. This reassurance was, to me, and integral part of the process. Overall, they really went above and beyond, and I feel confident that they achieved the best outcome for my case. Now this horrendous journey is over and I can now, thanks to them, begin to move on with my life. I will always be grateful to them and have no hesitation in giving them my highest recommendation. Thank You does not seem enough.
Kim D”

Kim Dunks

Verified Google Review

“

“Anthony & Patricia were wonderful for my case, not only did they do an outstanding job in the courts, it was the extra time and care they put in and my emotions and health was there priority. That to me was priceless while going thru my cancer treatment and my case…”

Walid Abboud

Verified Google Review