Anal Trauma in Vaginal Births and When to Claim Compensation
It seems astonishing that giving birth can damage the muscles around the anus which control the passing of wind and faeces, but such an appalling injury affects around 5% of women who give birth this way.
Degrees of damage
Most women giving birth through the vagina suffer a tear of some degree but usually this is fairly small, and easily and promptly resolved.
A few women, often those who have undergone an instrumental delivery, suffer a far more extensive and potentially life-changing injury.
- 1st degree tear - affecting the skin around the vagina
- 2nd degree tear - affecting the skin and muscle of the perineum
- 3a tear - extending across the perineum and damaging up to 50% of the external anal sphincter
- 3b tear - extending across the perineum and affecting more than 50% of the external anal sphincter
- 3c tear - extending across the perineum and affecting both external and internal anal sphincter
- 4th degree tear - as a 3rd degree tear but additionally causing damage to the lining of the anal canal
Third and fourth degree tears need prompt, professional and knowledgeable attention to ensure accurate diagnosis and effective repair as soon as possible after the birth. This is essential to give the new mother the best chance of long term bowel continence.
When to claim compensation
To be able to make a claim for compensation, it needs to be clear both that there was an act of negligence or substandard care during your maternity experience, and that it caused you to suffer a worse long-term outcome than would have been the case with an acceptable standard of care.
In such circumstances, a successful claim would incorporate the financial losses caused by the negligence. This could include any loss of earnings, both past and future, which you are experiencing due to your symptoms. Symptoms of an unrepaired severe birth tear can include incontinence of both wind and faeces so it is understandable that you may be struggling to work.
If your symptoms are also causing you to incur additional costs which would not have been the case with a successful repair of your birth tear, such costs could also be included in a claim.
It is important also to bear in mind that a claim needs to be issued with a court within three years of the date of the alleged negligence. Although such personal matters can be difficult to discuss with a stranger, it is important to consult with a specialist solicitor as soon as possible.
Speak to a specialist
Glynns Solicitors is a dedicated medical negligence legal practice with extensive experience in birth tear claims. Contact us today to talk to a solicitor, free of charge, 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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