Financial Compensation for Maternity Negligence and Birth Tears
If a woman suffers long-term bowel problems due to negligent medical care of a birth tear, it may be possible to make a claim for compensation.
Maternity negligence and birth tears
Severe birth tears occasionally happen during the course of vaginal childbirth. Also referred to as 3rd or 4th degree tears, these appalling injuries damage the muscles around the anus and, consequently, can cause a woman to struggle with control of the passing of wind and faeces.
The impact of anal incontinence can be both practically and psychologically devastating. A woman who is unable to prevent the passing of wind and faeces may find that it is difficult to work in a wide range of jobs such as hospitality, education and healthcare. Her confidence may be diminished and her personal and social interactions may suffer. In some circumstances, we have found that women with bowel incontinence struggle to leave the home and become socially isolated as a result.
The financial implications can be significant if a woman suffers a loss of income due to her symptoms.
Negligent medical care
The potential severity of birth tears means that scrupulous maternity care is essential to ensure that, if a severe tear has occurred, it is diagnosed promptly and accurately. This should trigger a surgical repair by an experienced and suitably-trained surgeon.
Examples of negligent maternity care which could put a new mother at risk of permanent and debilitating bowel symptoms could include the following:
- A failure to carry out an examination of the perineum following a vaginal birth. This should include a digital rectal examination
- A failure to identity that damage has occurred to the anal muscles
- A misdiagnosis of severe anal sphincter damage
- A failure to carry out a comprehensive and effective repair
Financial compensation for the consequences of negligence
A successful compensation claim aims to provide financial compensation not simply for the pain and suffering of the victim but also addresses the financial consequences of any negligence.
For example a loss of income would be included in a successful claim if the new mother had planned to return to work but was now limited in her earning capacity due to her bowel symptoms.
Speak to a legal specialist
Glynns Solicitors, specialists in medical negligence law, deals daily with the victims of birth tear negligence.
Contact us today to speak with a solicitor, free of charge, if you are thinking 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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