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Can I Claim Compensation for an OASI?

Can I Claim Compensation for an OASI?

It may be appropriate to claim compensation if your childbirth injury was poorly managed by medical professionals.

An OASI is a severe perineal tear (namely a third or fourth degree tear) which can sometimes happen during the course of vaginal childbirth. It will damage the anal sphincter muscles to a greater or lesser extent, thereby reducing the woman's control of her bowels.

It is not necessarily negligent.

Around 5% of women giving birth vaginally are thought to suffer severe perineal trauma with some groups being more at risk than others. Those particularly at risk include the following:

  • Women giving birth vaginally for the first time
  • Women giving birth to a larger than normal baby
  • Women who require an instrumental birth i.e. ventouse or forceps
  • Where the baby has experienced shoulder dystocia during the birth
  • Women of Asian ethnicity

If a severe perineal tear, or OASI, is efficiently and effectively managed by medical professionals, a compensation claim is unlikely to be appropriate.

An unrepaired OASI

An unrepaired obstetric anal sphincter injury, however, can leave a woman with a lifetime of incontinence and severely restrict her capacity to earn a living.

Where medical professionals may be regarded as having been negligent is usually in the management of the OASI once it has occurred.

If you are suffering on-going symptoms due to a failure by the medical professionals attendant at the birth of your baby, it may be appropriate to consider a compensation claim.

  • If your OASI was not diagnosed or was misdiagnosed, it is likely that you received either no repair at all or your repair was insufficient to resolve the full extent of the damage.
  • If you did not receive a thorough examination after the birth, the medical professionals may be considered to have provided substandard care
  • If you underwent a repair but it was inadequate in some way, you have probably been left with on-going and debilitating symptoms. This may justify a compensation claim.

Claiming compensation

The long-term impact of an obstetric anal sphincter injury can be physically, psychologically and financially devastating.

If you have been left with the appalling symptoms of this shocking injury, you should seek legal advice. A successful compensation claim can help you recover both past and future loss of earnings as well as compensating for your pain and suffering.

Contact us at Glynns Solicitors today. We have supported numerous women in claiming compensation for poor treatment of anal sphincter injuries and will be happy to advise you.

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

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