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Anal Sphincter Repair Negligence and Claiming Compensation

Anal Sphincter Repair Negligence and Claiming Compensation

If a new mother is diagnosed with a 3rd or 4th degree tear following vaginal childbirth, a full and competent repair is crucial if she is to avoid long-term bowel problems.

What are 3rd and 4th degree tears?

3rd and 4th degree tears can occur during vaginal childbirth. In fact, around 5% of women suffer these severe and potentially life-changing injuries during labour. Where 3rd and 4th degree tears differ from lesser perineal tears, is in the damage they cause to the anal sphincter. The anal sphincter is the external and internal muscles which control and prevent the passing of wind and faeces.

Without repair, these appalling injuries can leave a woman with permanent urgency or incontinence, as well as the practical and psychological consequences of these distressing symptoms.

Repair of a 3rd or 4th degree tear

In the first place, it is crucial that any repair to a 3rd or 4th degree tear is carried out by a skilled surgeon in an operating theatre. A midwife repair in the maternity ward is not appropriate.

The full extent of the damage must be identified and repaired to avoid the continuation of symptoms.

The appropriate techniques and materials must also be used to ensure that the wound does not break down, leaving the newmother with on-going symptoms and the reduced likelihood of success of a secondary repair.

Accurate diagnosis

For an effective and full repair to be achieved, it is, of course, necessary for an accurate diagnosis to be made.

Every woman who gives birth through the vagina should, according to the Royal College of Obstetricians and Gynaecologists, undergo a thorough examination including a digital rectal examination. This should identify any damage to the anal sphincter.

Negligent medical care

Negligent medical care, such as the following, can leave a woman with undiagnosed or unrepaired anal damage.

  • A failure to examine
  • A failure to diagnose
  • A misdiagnosis such as diagnosing a 3c tear as a 2nd degree tear
  • A failure to carry out an effective repair

Claiming compensation

If you are struggling with on-going bowel problems due to negligent maternity care such as the above, you should speak to a legal specialist about the possibility of making a claim for compensation.

Compensation claims for medical negligence are extremely complex and require the skills of a specialist lawyer.

Speak to a specialist

Glynns Solicitors is a dedicated medical negligence legal practice with a team of experienced lawyers.

Contact us today to speak to a legal expert, free of charge, about the possibility of making a claim for compensation.

Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.

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