Compensation for Medical Negligence after a Forceps Tear
Substandard medical care of anal damage following a forceps birth may justify a claim for compensation.
Instrumental births and perineal tears
The use of forceps as part of an instrumental birth may sometimes be unavoidable. However, this form of assisted birth increases the risk that the new mother will experience a severe perineal tear. If a woman is unfortunate enough to suffer this appalling injury, it is essential that she receives scrupulous medical care to prevent a lifetime of bowel problems.
Perineal tears of some degree are common during vaginal childbirth but the use of forceps increases the chance that the tear will be severe. This means that the woman suffers a tear which damages the anal sphincter, the muscles which control and prevent the passing of wind and faeces.
Appropriate medical maternity care
In order to minimise the symptoms associated with this significant injury, medical care needs to ensure that the following procedures are carried out:
- The new mother should undergo a thorough examination following the birth of her baby. This should include a digital rectal examination to assess the condition of the anal sphincter
- Any injury should be classified according to the guidelines of the Royal College of Obstetricians and Gynaecologists as either a 1st, 2nd, 3a, 3b, 3c or 4th degree tear
- An appropriate repair, full and effective repair should be carried out by a suitably qualified and experienced practitioner. In the case of third and fourth degree tears, this means a surgical repair, executed by an experienced surgeon in an operating theatre.
Claiming compensation for negligent care
Unfortunately, negligent medical care of a 3rd or 4th degree tear following a forceps delivery can cause distressing and life-changing bowel symptoms. This could present as urgency when needing the toilet but it could also present as incontinence of wind and faeces, meaning that the woman has lost control of her bowel movements.
If this appalling situation is due to negligent maternity care, the woman affected is entitled to make a claim for the effects of her negligent care.
If, for example, she finds that she is no longer able to work in her previous job, such as a care worker or teacher or police officer, she would be able to claim compensation for the loss of income which she has suffered.
Speak to a specialist
If you or a loved one are struggling with the shocking impact of a severe birth tear due to negligent maternity care, contact us here at Glynns. As a dedicated medical negligence legal practice we have a team of specialist and experienced lawyers, one of whom will be very happy to talk to you 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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