Employment Restricted by an OASI: Can I Claim Compensation?
An OASI, or anal sphincter injury acquired during childbirth, can cause life-changing symptoms. If substandard medical care has contributed to this highly distressing situation, it may be possible to make a claim for compensation.
The right to compensation
An individual whose health and long-term quality of life is compromised by negligent medical care is legally entitled to claim compensation for the consequences. This also applies to maternity care and the symptoms which a woman may suffer if she experiences a 3rd or 4th degree tear.
Negligent care with regard to an OASI could include a failure to carry out an examination, a failure to recognise an anal sphincter injury, a misdiagnosis or a failure of repair.
OASI management and negligence
Obstetric anal sphincter injuries require knowledgeable, prompt and skilled medical care. Without this, the new mother may well leave hospital with her new baby only to realise that she is experiencing significant difficulties in controlling her bowel.
One of the very possible consequences of significant bowel problems is the impact which it can have on the woman's ability to work. A lack of control of the passing of wind and faeces can restrict the types of work which a woman may be able, or feel able, to do. For example, working in hospitality, retail, health, education and policing may all feel inaccessible.
Needing very close access to toilet facilities may further restrict the environments in which a woman may feel able to work.
Some women with such bowel problems find that the anxiety and distress caused by their symptoms causes them to be unable to leave the home, further limiting their work options.
Making a claim for compensation
You may be able to make a claim for compensation if it is found both that you have experienced negligent care, and that it adversely affected your outcome.
A successful claim would address the impact which your symptoms, insofar as they have been caused by the negligence, have affected your life.
If your earnings have been negatively affected by the impact of your symptoms, your loss of income would be included in a claim.
Speak to a specialist solicitor
If you are considering making a claim for negligent medical care, you need to talk to a specialist solicitor.
Glynns is a dedicated medical negligence legal practice with a team of experienced solicitors and significant expertise in birth injury claims.
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