How to Make a Compensation Claim for Permanent OASI Symptoms

If a severe birth tear (an OASI) does not receive prompt, competent and comprehensive medical care, it is possible that the new mother may suffer permanent, and worsening, bowel symptoms as a result.

A successful compensation claim can help to address the consequences of these distressing and debilitating symptoms.

What is an OASI?

An OASI is an extended birth tear, affecting the muscles around the anus. It can happen during vaginal childbirth, with first-time mothers and women requiring an instrumental delivery being at most risk.

These appalling and disabling injuries, also referred to as 3rd and 4th degree tears, can leave a woman with incontinence of wind and faeces as well as the possibility of repeat infections.

A 4th degree tear may also lead to the development of a fistula and distressing symptoms of leakage from the vagina or the need for a stoma to be fitted.

Negligent maternity care of an OASI

Negligent care which leaves a woman with an unrepaired tear could include the following:

A failure to carry out a digital rectal examination, meaning that a 3rd or 4th degree tear is not identified or repaired
A failure to identify that damage has occurred to the anal sphincter even though an examination has been carried out
A misdiagnosis of an anal injury such as identifying a 3c tear as a 3a tear, meaning that a part of the injury may not be repaired
A failure to achieve a full and effective repair

Any of the above failings could mean that the new mother is left with distressing bowel symptoms which may affect almost every aspect of her life from her ability to work and engage with a range of activities as well as her personal relationships and her bonding with her new baby.

She may require additional treatment, specialist care or equipment to help her to manage her symptoms. She may struggle emotionally to come to terms with what has happened and the appalling impact of the injury which she has suffered.

Making a claim

In order to claim compensation, such as for your loss of earnings, you need to speak to a specialist medical negligence solicitor. They will investigate the quality of your maternity care and, if appropriate, develop a claim on your behalf to address the financial impact of your negligent care.