Can I Make a Claim for an Anal Birth Tear?
If undiagnosed, an anal birth tear can leave a new mother with permanent and disabling bowel symptoms. It may be appropriate to make a claim for compensation.
Severe birth tears which damage the anal sphincter and compromise the function of the bowel are a risk of vaginal childbirth. Approximately 5% of women suffer this type of injury when giving birth.
The impact of such an injury can cause long-term inability to control the passing of both wind and faeces, affecting a woman's ability to work, travel, look after her children, as well as damaging her confidence and mental health.
The severity of these injuries requires that women who have given birth vaginally undergo a thorough examination after the birth to check for any sign of perineal and anal damage. When carried out competently, such an assessment should ensure that the woman undergoes prompt surgery to repair the damage and ensure a future with good bowel control.
If such an assessment is not carried out or the findings are inaccurate, the new mother may face a lifetime of disability and dysfunction.
Precise and accurate diagnoses of 3rd or 4th degree tears, both of which cause damage to the anal sphincter, are essential:
Third and fourth degree tears
Third degree tears are classified in three types of increasing severity:
- A 3a tear, in addition to injuring the perineum, causes damage to less than 50% of the external anal sphincter
- A 3b tear damages more than 50% of the external anal sphincter
- A 3c tear causes damage to both the external and the internal anal sphincter
- A 4th degree tear additionally damages the internal lining of the anal canal
If a severe birth tear is dealt with effectively and the woman makes a good recovery, it would not be appropriate to make a claim for compensation.
If a severe tear is misdiagnosed or received a poor-quality repair, it might be appropriate to make a claim for compensation.
Speak to a solicitor
Clinical negligence compensation claims can be extremely complex and require the attention of a specialist lawyer.
Contact Glynns Solicitors, experts in clinical negligence law, to talk to an experienced solicitor about the suitability of making a compensation claim.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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