Birth Tear Maternity Negligence and When to Make a Claim
Negligent maternity care in relation to a severe birth tear could justify a claim for compensation for the impact on the health and well-being of the new mother.
What is a severe birth tear?
A severe birth tear during vaginal childbirth is a tear from the vagina which goes beyond the perineum and causes damage to the muscles around the anus. These muscles, referred to as the anal sphincter, allow an individual to control the passing of wind and faeces. If they are damaged during childbirth, which happens to around 5% of women, the new mother can experience permanent bowel difficulties including incontinence of both wind and faeces.
Due to the severity of these injuries and their possible consequences, the Royal College of Obstetricians and Gynaecologists has produced recommendations for maternity care of women undergoing a vaginal delivery.
This includes advising women as to the risk of severe birth tears; providing manual protection of the perineum during the delivery; ensuring that an instrumental delivery is preceded by an episiotomy, and carrying out a thorough examination of the perineum and anal sphincter following the birth of the baby.
Negligence and claiming compensation
If medical professionals attending a vaginal delivery fail to carry out the above, leaving a new mother with an undiagnosed severe birth tear, they may be regarded as having been negligent.
If the new mother suffers on-going debilitating symptoms and financial losses as a result, it may be possible to make a claim for compensation.
A woman with severe bowel dysfunction may struggle to function in many forms of employment and may experience as significant loss of income as a result.
A successful compensation claim, where maternity staff are found to have been negligent, could include the financial losses caused by the negligence such as a loss of income and the costs of care where this is necessary.
Speak to a legal specialist
If you are considering making a claim for compensation for medical negligence, you would be best advised to talk to a solicitor who specialises in this complex area of law. They will be able to obtain your medical records and analyse the quality of your care.
Glynns Solicitors is a dedicated medical negligence legal practice with a wealth of expertise in negligent birth tear claims. Contact us today to talk to a solicitor, free of charge, about your situation and 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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