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Birth Trauma and Compensation for Negligent OASI Care

Negligent Birth Tear Compensation ClaimsA traumatic birth can leave a new mother struggling with both the physical and emotional impact. One aspect which should be managed promptly and effectively by the maternity professionals attendant at the birth is when a severe birth tear occurs. Competent care should ensure that the new mother is symptom-free within a short period of time. On the other hand, a failure of care may leave her facing a lifetime of incontinence of both wind and faeces.

The impact of negligent OASI care

An obstetric anal sphincter injury refers to a tear across the perineum during childbirth which damages the muscles around the anus.

It is essential that such an injury is identified promptly, diagnosed correctly and repaired effectively.

If these crucial elements of care do not take place, the new mother will struggle with incontinence and the maternity professionals may face a claim for compensation.

Anal sphincter injuries are a known risk of vaginal childbirth and so a digital rectal examination should be carried out with every woman who gives birth through the vagina. This is the only way to ensure that an OASI is identified.

If an injury is observed, it needs to be accurately diagnosed as these anal injuries can vary in extent from only affecting the external sphincter (3a and 3b tears) to damaging the internal sphincter (a 3c tear) and the lining of the anal canal (a 4th degree tear).

Claiming compensation

If a medical professional fails to diagnose an anal sphincter injury and the new mother goes on to suffer debilitating consequences, it may be appropriate to make a claim for compensation.

A successful claim will take account of the impact of the negligent symptoms on the woman's quality of life and financial losses. For example, if the new mother is suffering a significant loss of income because she is now restricted in the work she can do, these losses would be included in the claim.

Likewise, if she needs treatment or equipment to manage her symptoms, the associated costs would be incorporated insofar as they have been caused by the negligence.

Free legal advice

Glynns Solicitors are specialists in medical negligence law with many years' experience in supporting claims related to negligent medical care of obstetric anal sphincter injuries. We understand very well the distressing impact which these appalling injuries can have and the difficulty which can sometimes be felt when discussing these issues.

Contact us today to talk to a friendly solicitor, free of charge, about your experience of maternity care and the possibility of making a claim for compensation.

We can offer No Win No Fee medical negligence funding which we will discuss with you during your free initial telephone discussion.

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

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