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Anal Sphincter Birth Tear Negligence and How to Claim Compensation

Anal Sphincter Birth Tear Negligence and How to Claim CompensationMedical mismanagement of an anal sphincter birth tear may justify a claim for compensation for the appalling consequences.

What are anal sphincter birth tears?

It seems unlikely that vaginal childbirth should be able to cause damage to the muscles around the anus but such is the case for an unfortunate minority of women. Around 5% of women suffer one of these appalling injuries, particularly those who are first-time mothers or those undergoing an instrumental delivery.

An anal sphincter tear is one which extends beyond the perineum and which requires a surgical repair by a surgeon who is experienced in this specific area. They are often referred to as 3rd or 4th degree tears which are the classifications defining their nature and extent.

3a and 3b tears damage the external anal sphincter, 3c tears also damage the internal sphincter and a 4th degree tear additionally damages the lining of the anal canal, threatening the development of a fistula between the rectum and the vagina.

The consequences of a failure of diagnosis or repair

Anal sphincter birth tears need to be accurately diagnosed and effectively repaired promptly after the birth of the baby. Without competent and timely medical care, these severe injuries can leave a woman suffering an array of distressing and debilitating symptoms including the following:

  • Pain and discomfort
  • Loss of ability to control the passing of wind
  • Loss of ability to control the passing of faeces
  • Leakage from the vagina if a fistula develops
  • The need for a stoma if bowel function is severely compromised

When to claim compensation

If negligent medical care has left you or a loved one with the on-going symptoms of bowel dysfunction, it may be possible to claim compensation for the impact of that negligence. A successful compensation claim could include any loss of income caused by the negligent symptoms and any associated financial losses caused by the need for care or support due to the symptoms.

It is important to bear in mind that such claims need to be issued with a court within three years of the date of the alleged negligence. Before this deadline, a specialist solicitor will need to carry out an investigation into the quality of the medical care and whether or not an act of negligence has occurred, impacting on the new mother.

Speak to a legal specialist

Glynns Solicitors is a dedicated medical negligence legal practice with extensive experience of high-value birth tear claims.

Contact us today to speak with a solicitor if you think that you may be entitled to make 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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