Claiming Compensation for Maternal Birth Injury Negligence
Negligent medical care of a severe maternal birth injury can cause permanent incontinence and devastating emotional problems. It may be appropriate to make a claim for compensation.
Maternal birth injuries
A maternal birth injury is a common occurrence, affecting the majority of women who give birth through the vagina. A severe maternal birth injury, often referred to as either a 3rd or 4th degree tear, is more rare but still affects between 5% and 10% of women. First time mothers and women requiring an instrumental delivery are the among the most susceptible to this potentially debilitating injury.
Third and fourth degree tears are considered to be severe injuries because of the amount of damage and the appalling symptoms which they cause. They are diagnosed according to the extent of the tear as follows:
- A 3a tear damages less than 50% of the external anal sphincter (as well as the region between the vagina and the anus, known as the perineum)
- A 3b tear damages more than 50% of the external anal sphincter
- A 3c tear also damages the internal anal sphincter
- A 4th degree tear additionally damages the lining of the anal canal and puts the new mother at risk of developing a fistula between the anus and the vagina.
The anal sphincter is the muscles which work in combination to control bowel movement. Consequently, the worse the damage caused by a perineal tear, the greater the loss of bowel control is likely to be.
Diagnosis and repair of maternal birth injuries
Maternal birth injuries and the associated symptoms are well-known risks of vaginal childbirth.
Prompt diagnosis and surgical repair are the key to a swift recovery and the avoidance of permanent symptoms.
An accurate diagnosis requires a thorough examination of the perineum and anus shortly after the delivery of the baby. A failure to carry out such an examination may be regarded as negligent.
Once an accurate diagnosis has been made, it should initiate a prompt and skilled repair by an experienced surgeon. An ineffective or incomplete repair is likely to leave the new mother with on-going bowel problems. It may be regarded as negligent care and may justify a claim for compensation.
Claiming compensation
On-going severe bowel difficulties are not normal after vaginal childbirth. If you are continuing to suffer symptoms months after the birth of your baby, it may be that you have an undiagnosed severe tear or that your diagnosed tear has not been correctly and effectively repaired.
If on-going symptoms are causing a significant impact on your claim, including financial losses, contact a specialist solicitor to discuss the possibility of making a claim for compensation.
Legal specialists
Glynns Solicitors is a dedicated medical negligence legal practice with a team of expert lawyers who will be very happy to talk to you, free of charge.
Call us today. Don't delay as compensation claims for medical negligence have a strict time limit imposed on them by law.
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