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Fistula Misdiagnosis Following Childbirth and How to Claim Compensation

Fistula Misdiagnosis Following Childbirth and How to Claim Compensation

The shocking symptoms of a rectovaginal fistula can be life-changing. If this is due to substandard maternity care, it may be possible to make a claim for compensation.

What is a rectovaginal fistula?

A rectovaginal fistula is an injury which can potentially cause appalling symptoms. It can sometimes develop when a woman has given birth through the vagina and suffered a severe fourth degree tear. This can lead to a fistula or abnormal passage between the rectum and the vagina allowing wind and faeces to leak from the bowel into the vagina.

Damage to the anus during vaginal childbirth is not uncommon and needs to be diagnosed and repaired as soon as possible after the birth of a baby in order to give the new mother the best chance of recovery.

Misdiagnosis

  • Sometimes a woman is diagnosed with a third degree tear following childbirth, affecting her anal sphincter muscles. However, she may in fact have a fourth degree tear which also causes damage to the lining of the anal canal and can lead to a fistula. A failure to make an accurate diagnosis may be regarded as negligent and mean that only a partial repair takes place.
  • Sometimes damage to the anus is not diagnosed at all and a woman develops symptoms of incontinence of wind and faeces because her injury has not been repaired.

Medical negligence and perineal tears

  • If an examination of the anus does not take place, any damage is unlikely to be identified, leaving the new mother to suffer terrible and debilitating symptoms.
  • If a severe tear is misdiagnosed (a 4th degree tear being diagnosed as a 3a tear, for example), the repair is unlikely to address the entire injury and the new mother may continue to experience symptoms and associated difficulties
  • If a repair is carried out but is substandard, incomplete or ineffective in some way, this may also be regarded as negligent care

Claiming compensation

If you are suffering difficulties and financial losses such as loss of income due to negligent care of a 3rd or 4th degree tear, you are legally entitled to make a claim for compensation.

Compensation claims for medical negligence are extremely complex and require the services of a specialist solicitor. Glynns Solicitors is a dedicated medical negligence legal practice with a team of lawyers experienced in maternal birth injury claims.

Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.

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