How Do I Get Compensation for Childbirth Anal Damage?
Anal damage in childbirth, causing bowel incontinence, can be highly-distressing. When are you entitled to make a claim for compensation?
Are you entitled to compensation?
Anal damage in vaginal childbirth is caused by either a 3rd or 4th degree tear. These are the most severe forms of perineal trauma which can occur as the baby is born. Perineal tears are not necessarily a sign of negligent maternity care, with some women being particularly susceptible to them. This includes women giving birth through the vagina for the first time and women who have required an instrumental delivery with either forceps or a ventouse.
However, if care of the new mother following the birth leaves a severe tear undiagnosed and unrepaired, or if a repair is below an accepted standard, it may be possible to claim compensation for the impact of that negligence.
Examples of negligent care of anal trauma would include the following:
- A failure to carry out an examination of the new mother including a digital rectal examination
- A failure to recognise that a severe tear has occurred
- A misdiagnosis of anal damage
- A failure to carry out an effective repair
If negligent medical care has caused significant symptoms and on-going problems, you would be entitled to make a claim for the financial impact, such as a loss of income due to the nature of the symptoms.
For some women the practical, emotional and financial consequences of a negligent birth tear are utterly life-changing and a successful compensation claim can help to address the many difficulties which need to be faced.
How to make a claim
In the first instance, you should talk to a specialist solicitor who will be able to investigate the quality of your medical care. They will obtain your medical records and instruct a medical expert to assess whether or not you have been the victim of negligent care. They will also assess the extent to which the negligence, if any, has affected you and impacted your quality of life.
Specialist legal advice
Glynns Solicitors is a dedicated medical negligence legal practice with extensive experience of birth tear claims. If you believe that you have been the victim of negligent maternity care, contact us to speak with a specialist lawyer about the possibility of making a claim for compensation.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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