Forceps Childbirth OASI and When to Claim Compensation.
An unrepaired anal injury following a forceps delivery can devastate a woman's self-esteem and quality of life. If negligent maternity care has contributed to this distressing outcome, a successful compensation claim can help to address the consequences.
The risks of a forceps delivery
When giving birth through the vagina, some women are, unfortunately, more susceptible to a severe birth tear (or OASI) than others. Women who have required forceps assistance during the birth of their baby come into this category. The additional pressure can put them at risk of suffering a 3rd or 4th degree tear and, if this proves to be the case, it is essential that this significant injury is both diagnosed and repaired promptly after the birth of the baby. A delay in diagnosis and surgery may leave the woman with permanent and debilitating symptoms of bowel incontinence.
Medical negligence in perineal care during a forceps birth
Examples of medical failings during and immediately after a forceps delivery which might contribute to long-term bowel problems could include the following:
- A failure to carry out an episiotomy prior to a forceps delivery
- A failure to examine the new mother shortly after the birth including a digital rectal examination
- A failure to recognise damage to the anal sphincter
- A misdiagnosis of damage to the anal sphincter
If medical professionals are found to have been responsible for a delay in a surgical repair of a 3rd or 4th degree tear (OASI), they may be regarded as having been negligent.
When to make a claim for compensation
In such circumstances, it might be possible to make a claim for the consequences of the negligence and the associated symptoms. Where the symptoms have adversely affected the new mother's quality of life, such as reducing her ability to work and earn an income, these financial losses would be included in a claim.
If she now requires specialist treatment, equipment or personal support, the costs could be included in a claim also.
In terms of timing, it is important to be aware that there is a deadline for making claims for compensation for medical negligence and that this process requires a meticulous investigation into the woman's quality of medical care.
Speak to a legal specialist
Consequently, if you think you may be entitled to make a claim, contact a legal specialist at the earliest moment.
We understand that these issues may be difficult to talk about and that many women are embarrassed by their bowel symptoms, but here at Glynns Solicitors we have extensive experience of birth tear claims and understand the distressing nature of the problems which these injuries can cause.
This specialisation ensures that we have the skills ready and waiting to help you in the most efficient and economical way.
It also means that we can offer No Win No Fee funding for medical negligence claims which we will discuss with you during your free initial telephone discussion.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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