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Having a Stoma and Claiming Compensation for Maternity Negligence

Having a Stoma and Claiming Compensation for Maternity Negligence

It is shocking that vaginal childbirth can leave the new mother with severe bowel damage, requiring her to be fitted with a stoma. If this is due to medical negligence, it may be possible to make a claim for compensation.

Bowel damage in vaginal childbirth

Around 5% of women who give birth via the vagina suffer a severe perineal tear which causes damage to the muscles controlling the passing of wind and faeces. The most severe tears are 4th degree tears which, in addition to damaging both the external and internal anal muscles, also cause damage to the lining of the anal canal.

It is essential that this severe damage is diagnosed and competently repaired. Without repair, there is the risk that the wound will develop into a rectovaginal fistula, an abnormal passage between the rectum and the vagina.

The unfortunate consequence of this is leakage from the vagina.

It may also require the new mother to be fitted with a stoma to provide bowel function.

Medical care of the perineum

Effective care of the perineum and anal sphincter during vaginal childbirth is vital to the woman's long-term health and wellbeing.

If a woman is unfortunate enough to suffer a severe 3rd or 4th degree tear, medical professionals need to ensure that all damage is diagnosed accurately and that all damage is effectively and appropriately repaired.

Without this, the woman may suffer on-going symptoms and the need for a stoma.

Scrupulous medical attention is therefore necessary. This requires a thorough examination, followed, where necessary, by an accurate diagnosis and a skilled repair. 3rd and 4th degree tears need to be repaired by an experienced surgeon in an operating theatre, not on the maternity ward.

The impact of negligence

For a woman to find herself needing a stoma due to giving birth is a devastating situation which can cause significant psychological, practical and financial problems. It can take a long period of adjustment, requiring significant support to help the woman come to terms with her new situation.

If she is now unable to work or is restricted in the hours she can work or the nature of employment which she can undertake, the damage to her financial situation can also be significant.

If this appalling scenario is the result of negligent medical care, whether in diagnosis or repair, the woman affected would be entitled to make a claim for compensation.

Speak to a legal specialist

Glynns Solicitors is a dedicated medical negligence legal practice with a team of experienced lawyers. Contact us 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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