Can I Make a Claim for a Childbirth Bowel Injury?
If you have been left with severe bowel problems due to an unrepaired birth tear, it might be appropriate to make a claim for compensation.
Perineal birth tears
The majority of women giving birth through the vagina (rather than a caesarean section) suffer some form of perineal tear during the birth.
This does not mean that it is appropriate to make a compensation claim.
Most perineal birth tears are small and, if necessary, can be repaired by the midwife in the maternity unit, leading to a good recovery.
A compensation claim might only be considered suitable if a severe tear has been misdiagnosed and inadequately repaired, or not repaired at all, leaving the woman with significant on-going symptoms.
3rd and 4th degree tears
Perineal birth tears which can damage the bowel are described as 3rd or 4th degree tears.
Third and fourth degree tears start at the vagina and cause injury across the perineum as far as the anus. They damage the external muscles which control the opening and closing of the bowels and, in the most severe tears, also damage the internal muscles and lining of the anus.
The result of this is that the woman cannot control her bowels properly. This means that she cannot prevent the passing of wind and faeces, becoming incontinent.
Occasionally, the injury will cause a passage to open up between the rectum and the vagina, causing extremely distressing symptoms as faeces can start to leak out of the vagina.
Severe tear effects
If you are suffering severe bowel symptoms after the birth of your baby, it is possible that you have an undiagnosed 3rd or 4th degree tear. You may not be able to prevent yourself from passing wind or, indeed, faeces. Or you may have very little time to get to the toilet when you need to open your bowels.
Understandably, symptoms such as these can have a significant impact on a woman's daily life. Working can become very difficult, especially if it involves interaction with the public.
Some women suffering with unrepaired severe birth tears become increasingly reluctant to leave the home at all.
The impact of this on a woman's ability to earn an income can be significant and the loss of earnings, both past and future, may justify making a compensation claim.
Medical negligence
If the long-term symptoms of a severe birth tear are considered to be due to medical negligence, it might be appropriate to make a claim for compensation.
If your tear was not diagnosed accurately at the time of the birth, leaving you with your on-going symptoms, call us to discuss your situation with a specialist medical negligence solicitor.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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