Diagnosis Negligence in Maternity Care & How to Claim Compensation
This article relates specifically to the misdiagnosis, or failure of diagnosis, of severe perineal birth tears and the devastating effects on a new mother.
Care of the anal sphincter in a maternity setting
The Royal College of Obstetricians and Gynaecologists states, in its Care Bundle for Obstetric Anal Sphincter Injury, that every woman who has undergone a vaginal delivery should receive a thorough perineal examination which should, furthermore, include a digital rectal examination.
The purpose of this is to ensure that any damage to the anal sphincter is diagnosed and subsequently repaired.
The anal sphincter refers to the external and internal muscles which control the passing of wind and faeces. Damage to either or both of these muscles is more precisely described as 3rd or 4th degree tears, depending on the extent of the damage.
Without a careful and comprehensive examination, damage to the new mother's anal muscles may be missed.
Examples of negligence with regard to anal sphincter childbirth damage could include the following:
- A failure to carry out a thorough examination including a digital rectal examination
- A failure to recognise and diagnose injury to the anal sphincter
- A misdiagnosis of injury to the anal sphincter
- A failure to repair or an ineffective or negligent repair of anal sphincter damage
The consequences of anal sphincter negligence
If a 3rd or 4th degree tear following childbirth is not repaired promptly, the new mother is likely to develop severe bowel problems. Unfortunately symptoms such as wind and faecal incontinence can not only damage a woman's self-confidence and cause a myriad of practical problems, but may affect her ability to work.
It may prove difficult to work in areas of employment such as healthcare, education, hospitality and policing or where easy access to toilet facilities is not always readily available.
A woman may find that her future career is denied her and that she will suffer a significant loss of income as a result.
Claiming compensation
If a woman continues to suffer on-going symptoms and associated difficulties and financial losses as a consequence of negligent maternity care, she is entitled to make a claim for compensation.
Not surprisingly, compensation claims for medical negligence are extremely complex and it is advisable to obtain the advice and support of a specialist solicitor if you wish to pursue a claim.
Speak to a specialist
Glynns Solicitors is a dedicated medical negligence legal practice with a team of experienced lawyers.
If you think you have been the victim of negligent maternity care, contact us today to speak with 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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