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Incontinence Problems and Compensation for Negligent Maternity Care

Incontinence Problems and Compensation for Negligent Maternity Care

Long-term incontinence issues are not a normal outcome of vaginal childbirth. If a new mother continues to suffer severe difficulties, it may be that she has an undiagnosed or inadequately repaired 3rd or 4th degree tear. The implications and consequences of such shocking symptoms can be utterly life-changing.

If negligent medical care is found to have been responsible for the new mother's poor outcome, it may be possible to make a claim for compensation.

The possible impact of an unrepaired severe perineal tear

The practical implications of bowel incontinence or urgency are obvious in the need for access to toilet facilities at a moment's notice. Travelling any distance may become a problem. Issues of hygiene and the need for specialist underwear may also be relevant.

Psychologically, such unexpected symptoms as an outcome from childbirth can cause significant distress and loss of confidence. The new mother may struggle to support her child, may be reluctant to leave the home and carry out normal tasks such as shopping and socialising.

Financially, the impact can be significant, too. Some areas of employment may no longer be accessible, such as hospitality and healthcare, and the new mother may experience a loss of income. She may only be able to work restricted hours due to her symptoms and this may also affect her income.

A successful compensation claim would take account of these financial losses.

Negligent maternity care

Medical professionals who are present at vaginal childbirth are responsible for checking the integrity of the new mother's perineum and anal sphincter following the birth in order to identify any damage.

If a thorough examination, including a digital rectal examination, is not carried out, any damage to the anal sphincter will not be diagnosed. Without a diagnosis, a repair will not take place. Severe perineal tears, i.e. 3rd or 4th degree tears, need to be repaired in an operating theatre by an experienced surgeon and a failure to do this will leave the new mother with on-going bowel symptoms.

Consequently, a failure to examine, a failure to diagnose or a failure to repair may all be regarded as negligent and may justify a claim for compensation.

Speak to a legal specialist

If you think you may have been the victim of negligent maternity are, speak to a legal specialist about the possibility of making a claim for compensation. Here at Glynns, we have supported numerous women in making highly-successful claims related to negligent perineal care during childbirth and one of our team will be very happy to help you.

Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.

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