Injured in Childbirth? Here's When to Make a Claim
If you have suffered an unrepaired severe perineal tear during the birth of your baby, it may be possible to make a claim for compensation.
Vaginal birth injuries
Giving birth through the vagina often causes a degree of damage around the vagina and the perineum, the area between the vagina and the anus.
For an unfortunate minority of women, but particularly affecting first-time mothers, the injury can be severe, causing potentially life-long bowel problems.
This appalling injury needs prompt, skilled and knowledgeable medical care, if the new mother is to avoid a lifetime of distress and debilitating problems.
Severe birth tears
Severe birth tears, also referred to as OASI or 3rd and 4th degree tears have the capacity to cause bowel incontinence because they injure the muscles around the anus. These muscles, the anal sphincter, work together to control the passing of wind and faeces, and, if the muscles are damaged, their function may be impaired. The worse the damage, the worse the symptoms are likely to be.
It is absolutely essential, therefore, that medical professional who are present at a vaginal birth follow guidelines to try to ensure that any injury is diagnosed accurately and fully repaired by a skilled surgeon.
Negligent medical care
Examples of negligent care of a severe birth tear which may justify a claim for compensation could include the following:
- A failure to carry out an episiotomy prior to an instrumental delivery
- A failure to carry out a thorough perineal and anal examination following a vaginal delivery
- A failure to identify any damage to the anal sphincter
- A misdiagnosis of damage to the anal sphincter, such as diagnosing a 3c tear, which affects the internal muscles, as a 3a tear which does not.
- A failure to carry out an appropriate an, effective and comprehensive repair, leaving the new mother to suffer on-going bowel leakage or incontinence
When to make a claim
It may be appropriate to make a claim for compensation if the new mother has suffered a failure in the course of her medical care which has caused symptoms and difficulties which she would not otherwise have experienced.
For example, if a woman now struggles to work because of the difficulties around managing her bowel problems, due to negligent care, she may be entitled to compensation for her loss of earnings.
Speak to a legal specialist
Glynns Solicitors is a dedicated medical negligence legal practice, ads vising women across England and Wales.
We have a team of specialist, experienced solicitors and a long-standing history of successful high-value birth tear compensation claims.
If you are struggling with the impact of a birth tear, contact us today to speak with a solicitor, free of charge, 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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