A midwife applied external pressure and pressed on the abdomen to speed up the delivery.
They did this despite my screaming protests, says Olivia, who is the subject of the verdict.
It was a normal delivery and not an unusually prolonged process, and Olivia has not received an answer as to why the midwife acted in this way. For Olivia, the intervention resulted in her pelvic floor muscles being torn, her daughter being born with a broken collarbone, and her suffering psychologically afterwards.
Region Skåne admitted that she would receive 75,000 kronor in damages – but simultaneously explained that this did not imply recognition of her fundamental rights having been violated. This issue, the region did not want to have tried in court.
Right to trial
"Anyone who reasonably claims that their fundamental rights have been violated has the right to have the claim tried", writes the Supreme Court in a press release.
This is a confirmation that it is not okay to simply buy oneself free from responsibility for violations of fundamental rights and assaults. It is not possible to just say: "We have done nothing wrong, but here is a bag of money so that you keep quiet", says Olivia.
The verdict will have great significance, according to the Centre for Justice, which has driven the case.
Only now is it clarified that the state and authorities cannot buy themselves free from responsibility, says Fredrik Bergman Evans, head of the centre.
Will be guiding
The case will now be sent back to Kristianstad District Court, where the question of whether Olivia's fundamental rights have been violated will be tried.
The precedent will be guiding for the state, regions, and municipalities, says Fredrik Bergman Evans.
Olivia also thinks it is good that the issue of patient consent is highlighted.
It was so bizarre to lie there and scream "stop" and nobody stops. It was so extremely far from informed consent as you can get.
