How To Make a Claim for Maternity Care Negligence and Severe Tears
If you have been the victim of poor-quality or negligent maternity care of the perineum, it may be appropriate to make a claim for compensation.
What is a severe tear?
Good-quality medical care of a woman's perineum during and after vaginal childbirth is crucial to the woman's long-term well-being and her ability to bond with and bring up her baby.
Approximately 5% of women in the UK who give birth through the vagina suffer what is described as an OASI or a severe birth tear. Specifically classified as 3rd or 4th degree perineal tears, these injuries are extended tears which commence at the vagina, go across the perineum and damage the anal muscles. A severe tear may stop with the external anal muscle or it may extend even further, causing damage to the internal anal muscle and the lining of the anal canal.
Without prompt attention, a severe birth tear can cause incontinence of both wind and faeces. In some cases, it may even necessitate the fitting of a stoma to provide bowel function.
What constitutes negligent maternity care?
As a known risk, it is expected that medical professionals will carry out a thorough examination of a woman's perineum following vaginal childbirth. This should include a digital rectal examination to check for any anal damage. A failure to carry out this assessment would be regarded as negligent care.
Equally, a misdiagnosis of perineal and anal damage might be regarded as negligent. For example, a diagnosis of a 2nd degree tear when a woman has, in fact, suffered a 3rd or 4th degree tear, could have shocking consequences. If a woman with a 3rd degree tear does not receive a prompt repair, her bowel dysfunction may become permanent.
A poor-quality repair could also be considered as substandard as it may allow debilitating bowel symptoms to continue.
Claiming compensation
If a woman finds that her quality of life suffers because her maternity care has been substandard, it might be possible to make a claim for compensation.
For example, a woman may find that she cannot return to her former employment, such as education, healthcare or policing, if she is suffering from bowel incontinence. A successful compensation claim would take into account any financial losses such as this caused by the impact of the medical negligence.
Speak to a specialist solicitor
Glynns Solicitors is a specialist medical negligence legal practice with extensive expertise in maternal birth trauma claims. Contact us to day to talk to one of our experienced lawyers about your situation.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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