Anal Incontinence and Maternity Negligence Compensation
Anal incontinence is not a normal consequence of vaginal childbirth and may indicate an undiagnosed and unrepaired severe birth tear. It may be possible to claim compensation for the life-changing impact of this distressing condition.
What is a severe birth tear and how is it diagnosed?
Birth tears during vaginal childbirth are common. Severe tears are not but do occur with sufficient regularity that maternity professionals should be aware of the risk and should do everything necessary to ensure that any injury receives competent and effective medical care.
A severe tear, also known as a 3rd or 4th degree tear, is one which stretches beyond the perineum and causes damage to the anal sphincter. This is the internal and external muscles around the anus which control the passing of wind and faeces. Any damage to the muscles needs to be diagnosed and repaired to prevent the new mother suffering permanent symptoms of leakage and incontinence.
Diagnosis requires that the new mother undergoes a thorough examination of the perineum following her baby's birth including a digital rectal examination. This should identify if the anal muscles have been damaged. A careful and accurate diagnosis is required, followed by a skilled surgical repair.
Negligent maternity care of the perineum
The following may be regarded as substandard medical care:
- A failure to carry out a thorough examination of the new mother's perineum following the birth of her baby, including a digital rectal examination
- A failure to recognise that damage has been caused to the anal sphincter
- A misdiagnosis of damage to the anal sphincter, for example where a 4th degree tear is diagnosed as a 3a tear, meaning that part of the injury has remained unidentified and unrepaired
- A failure to carry out a comprehensive and effective repair, where part of the injury is not repaired or the quality of the repair is poor leading to a breakdown of the repair
- A failure to carry out an episiotomy prior to an instrumental delivery may also be regarded as negligent if it allows the new mother to suffer a severe birth tear
Claiming compensation
A successful compensation claim will address the impact of the negligence such as a loss of income where the new mother is no longer able to work due to her bowel symptoms.
If you think you may have been the victim of negligence, speak to a specialist medical negligence solicitor here at Glynns. We have a team of experienced lawyers and a history or success in high-value birth tear claims.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
Make An Enquiry
Why Choose Us
- Specialist medical negligence solicitors
- Free initial enquiries
- No win, no fee available
Reviews
Our Expertise
Helping Clients Across England & Wales
