Anal Dysfunction and Maternity Negligence Compensation
Loss of bowel function can justify a claim for compensation if it is found to be a result of negligent maternity care. Speak to a legal specialist.
Why does vaginal childbirth cause anal dysfunction?
It is important to stress that not all women who give birth through the vagina will suffer a severe birth tear and anal dysfunction. This distressing outcome only affects a minority and is more likely with certain groups of women. This includes first-time mothers, women who have required an instrumental delivery and women of Asian ethnicity.
A severe tear is more likely to occur when the skin and muscle around the vagina is under increased pressure, such as with the use of forceps or where the mother is giving birth to a large baby.
Maternity care and negligence
As severe birth tears are a known risk, it is regarded as essential that women who have given birth through the vagina should undergo a thorough examination shortly after the birth of their baby. This should include a digital rectal examination to assess the condition of the anal sphincter. An accurate diagnosis should then be made of any anal damage, identifying the injury as either a 3a, 3b, 3c or 4th degree tear.
If this process is carried out competently, it should then trigger a surgical repair by an experienced surgeon to ensure an effective and comprehensive repair.
Without this process, the new mother may suffer debilitating and disabling anal dysfunction in the form of wind and bowel incontinence.
When to make a claim
A woman is legally entitled to claim compensation for the consequences of her bowel symptoms, such as loss of income if she has had to change her work arrangements, if those symptoms are found to be a result of negligent medical care.
Examples of negligent care which might leave a new mother struggling with appalling bowel dysfunction could include the following:
- A failure to carry out a thorough examination after the birth of the baby, including a digital rectal examination
- A failure to identify any anal damage
- A misdiagnosis of anal damage
- A failure to carry out an effective repair
Speak to a legal specialist
If you think you may have a claim, contact a legal specialist at the earliest possible moment as there are deadlines associated with these types of claim.
Glynns Solicitors is a dedicated medical negligence legal practice with a wealth of experience in birth tear claims. Contact us to talk to a solicitor about the possibility of making a claim.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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