Can I Sue the Hospital for a Tear During Childbirth?
Severe birth tears during vaginal childbirth are rarely spoken about and yet, for the women who suffer them, they can be utterly devastating and distressingly life-changing.
Small tears during childbirth are not uncommon but severe tears are more rare and can be permanently disabling, causing damage to the muscles which control bowel movement. A woman going to hospital to give birth to her baby is not expecting to leave with bowel incontinence which may turn her entire life upside-down. When this does occur, it may be worth considering whether this terrible outcome could have been avoided. If negligent maternity care has caused or contributed to this appalling outcome, it may be possible to claim compensation for the impact of that negligence.
Guidelines for maternity care of the mother's perineum
The Care Bundle created by The Royal College of Obstetricians and Gynaecologists on collaboration with the Royal College of Midwives, is clear in its recommendations for perineal care:
- Inform the woman about OASI (obstetric anal sphincter injuries) and what steps can be taken to minimise her risk
- Use of manual perineal protection
- Use of medio-lateral episiotomy when indicated
- Perineum must be examined after delivery and any tears graded according to the RCOG guidelines. Examinations should include a per rectum check
The risk of a severe 3rd or 4th degree tear is known and it is expected that steps should be taken to identify and repair any such damage, preventing the new mother from suffering permanent damage and associated bowel symptoms.
Claiming compensation for the impact of an unrepaired tear
If a 3rd or 4th degree tear remains unrepaired, or only partially repaired, the woman can suffer on-going bowel problems. This can include urgency, leakage of wind or faeces, perineal infections and, where a fistula has developed between the anus and the vagina, leakage from the vagina.
The broader impact of such symptoms can mean that a woman has to change jobs or reduce the hours she works. This can cause a significant loss of income which would be taken into account in a successful compensation claim where it can be demonstrated that this has been caused by negligent medical care.
Speak to a specialist solicitor
If you or a loved one are struggling with the appalling impact of a severe birth tear due to negligent medical care, contact Glynns Solicitors to talk to a specialist, free of charge.
We are a dedicated medical negligence legal practice with extensive experience of severe birth tear claims.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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