I Have an OASI. Can I Claim Compensation?
If you have suffered an OASI during vaginal childbirth, you have been extremely unfortunate. If medical care of your injury was negligent, it may be appropriate to make a claim for compensation.
What is an OASI?
An obstetric anal sphincter injury (OASI) is a severe perineal tear which can sometimes occur during vaginal childbirth. In fact, it is an injury which is thought to occur to around 5% of women giving birth this way. Otherwise referred to as either a 3rd or 4th degree tear, OASIs are more severe than 1st and 2nd degree perineal tears because they cause damage to the anal sphincter.
The anal sphincter muscles control and prevent bowel movement so damage to these muscles can compromise a woman's capacity to control her bowel and, in the worst cases, can lead to incontinence of both wind and faeces.
Is an OASI negligent?
For a woman to suffer an obstetric anal sphincter injury is not necessarily negligent. As a baby is born, the pressure on the woman's perineum can lead to a tear. For some women, especially first-time mothers and those who needed instrumental assistance during the birth, this can develop into a severe tear.
However, severe birth tears can cause permanent bowel symptoms and, therefore, need prompt diagnosis and repair. It is at this point that negligence can sometimes occur, justifying a claim for compensation.
- If medical professionals fail to carry out an examination of the new mother, including a digital rectal examination, shortly after the baby's birth, they may be regarded as having been negligent
- If damage to the anal sphincter is not diagnosed or is misdiagnosed, the relevant professionals may be regarded negligent
- If a surgical repair is substandard is some way and ineffective or incomplete, the relevant medical professional may be regarded as having been negligent
Claiming compensation
The impact of substandard care of an OASI can leave a woman with permanent and life-changing symptoms and effects. This can include a loss of earnings where she is no longer able to work to the same extent or in the same form of employment as prior to her injury and symptoms.
Where such an outcome is due to poor-quality medical care, the woman would be legally entitled to make a claim for compensation in so far as her financial losses and symptoms are due to the negligence.
Speak to a specialist
Glynns Solicitors is a dedicated medical negligence legal practice with extensive experience of OASI compensation claims.
Contact us to talk to a lawyer about the suitability 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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