Childbirth Tear Negligence and Claiming Compensation
Medical negligence in relation to a severe perineal and anal tear during vaginal childbirth may justify a claim for compensation.
What is a childbirth tear?
A childbirth tear refers to an injury which can be sustained by the new mother during the process of giving birth through the vagina. The majority of women suffer a tear of some degree around the vaginal and perineal area as the baby is born.
Occasionally, this tear spreads right across the perineum between the vagina and the anus and causes damage which needs prompt and skilled medical attention.
These severe tears are sometimes referred to as OASI or 3rd and 4th degree tears. They differ from 1st or 2nd degree tears because they also cause damage to the anal muscles which control the passing of wind and faeces.
When is it negligent?
Most compensation claims related to birth tears focus on the quality of the care provided by medical professionals once the injury has been sustained.
These severe tears are known to be a risk of vaginal childbirth, especially for first-time mothers and women who require an instrumental delivery.
The possible severity and duration of the symptoms, however, mean that the tears require careful attention.
The following failings, leading to long-term, debilitating symptoms, might be regarded as negligent:
- A failure to carry out an examination of a new mother following a vaginal delivery. This should include a digital, rectal examination to assess the condition of the anal muscles.
- A failure to diagnose a 3rd or 4th degree tear
- A misdiagnosis of any damage, leaving a woman with an unrepaired tear or partial tear
- An inadequate repair of a 3rd or 4th degree tear which allows a woman to continue to suffer long-term problems
When can I claim compensation?
A patient is entitled to claim compensation if negligent medical care leaves them suffering symptoms and difficulties which would not otherwise have been the case.
For example, long-term incontinence of wind and faeces can cause a woman to suffer both practical, psychological and financial problems.
Difficulties with working, specifically in some public-facing roles, may cause a loss of income, which it may be possible to recover with a successful claim for compensation.
Speak to a legal specialist
If you think you may have suffered an undiagnosed or unrepaired severe perineal tear, speak to a legal expert in clinical negligence.
Glynns Solicitors is a dedicated medical negligence legal practice with considerable expertise in birth tear claims. Contact us today to talk to a solicitor, free of charge, about the possibility of making a claim.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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