Summary:
Carbone Lawyers has achieved a settlement of more than one million dollars for a woman facing a lifelong disability following complications during a planned C-section at a public hospital.
Case Details:
The woman, aged in her 30s, who had previously given birth to two children, one of these being via C-section, was scheduled for another caesarean delivery. It is well-documented that multiple C-sections can increase the likelihood of abdominal adhesions, where the bladder and other organs may become fused with scar tissue, complicating the procedure. Despite these known risks, the hospital assigned a junior doctor, still in training to become an obstetrician, to perform the surgery under the supervision of a consultant.
During the operation, the woman’s bladder was torn either by medical instruments or as the baby was being removed from the womb. The medical report said the woman’s bladder was positioned unusually high in her abdomen, adding further complexity to the procedure. Another surgeon was urgently called into the operating theatre to repair the torn bladder. This emergency intervention meant that the mother was deprived of the opportunity to see or hold her newborn immediately after birth, missing out on the essential bonding period.
The aftermath of the surgery was devastating. The woman, who before the birth had been fit and healthy, was required to have a catheter to allow her bladder to heal. Still, once it was removed, she began to suffer from severe urinary incontinence and excruciating pain. These symptoms persisted, and she was eventually diagnosed with chronic pain syndrome in her bladder. She would need to rely on a permanent catheter and urine-draining bag for the rest of her life.
As a result of the injury, the woman has been rendered disabled, unable to work, and struggling to care for her children. The impact on her life has been profound, transforming her day-to-day existence and placing immense strain on her family.
The hospital defended itself against the damages claim, arguing that bladder damage is a known risk of C-section procedures, especially in complicated cases like this one. The hospital’s legal team asserted that even the most experienced surgeon might have caused similar damage under the circumstances.
However, Carbone Lawyers, representing the injured woman, countered this argument by questioning why, if the case was indeed so complex, a senior surgeon was not assigned to perform the operation instead of a junior doctor.
Expert reports from a specialist urologist and an obstetrician-gynecologist (OBGYN) were obtained to support their case.
Outcome:
The women received a settlement of over a million dollars for pain and suffering, psychological injury, future loss of income and ongoing medical expenses.
*Details of this case have been altered or omitted to protect the identity of the parties.
