Instrumental Childbirth Injury and When to Claim Compensation
An instrumental delivery of a baby can increase the risk of the mother experiencing a severe birth tear. If maternity professionals fail to provide adequate care, it may be appropriate to make a claim for compensation.
Severe birth tears
Severe birth tears are so named because they cause significant damage and have the capacity to cause debilitating symptoms.
Also referred to as 3rd or 4th degree tears, they differ from lesser birth tears in that they additionally damage the anal sphincter. This is the muscles around the anus which control the passing of wind and faeces.
If a severe 3rd or 4th degree tear is not repaired promptly, the new mother can suffer a lifetime of bowel dysfunction affecting her ability to control both wind and faecal continence.
Instrumental delivery risk
A variety of factors can increase the risk of a severe tear. One such factor is being a first-time mother. Another is if the baby is larger than normal. But a significant additional factor is when an instrumental delivery is necessary to assist the birth of the baby. The use of forceps or ventouse puts additional pressure on the skin and muscles of the perineum and can result in a tear which extends beyond the immediate vicinity to damage the anal muscles.
This is a known risk and so medical professionals who attend the birth should be alert to the possibility of a severe tear and ensure that, when this occurs, a prompt diagnosis is achieved and effective and comprehensive repair is undertaken.
When to claim compensation
If medical negligence contributes to a worse long-term outcome than would have been the case with an appropriate level of care, the patient (in this case, the new mother) is entitled to make a claim for compensation.
Medical care relating to a birth tear and an instrumental delivery may be considered to have been negligent in the following ways:
- A failure to carry out an appropriate episiotomy prior to an instrumental delivery
- A failure to carry out a thorough examination of the new mother following the birth including a digital rectal examination
- A failure to identify damage to the anal sphincter
- A misdiagnosis of damage to the anal sphincter
- A failure to achieve an effective and comprehensive repair
Compensation claims
Negligent care of a severe birth tear can leave a woman with life-changing symptom such as incontinence of wind and faeces.
If such symptoms cause the woman to suffer significant financial losses such as a reduced income, this loss would be incorporated into a successful claims.
Speak to a legal specialist
If you or a loved one have been the victim of negligent care following an instrumental delivery, contact Glynns Solicitors, specialists in medical negligence law. One of our team of solicitors will be very happy to speak with you, 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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