Instrumental Childbirth Negligence and When to Claim Compensation
Negligent maternity care during an instrumental delivery can have lifelong consequences. Speak to a solicitor if you think you have a claim.
Instrumental deliveries and severe birth tears
An instrumental delivery of a baby, whether with forceps or a ventouse, is occasionally considered necessary in order to ensure the safety of possibly both child and mother.
However, an instrumental delivery presents additional risks in the course of vaginal childbirth, increasing the pressure on the mother's perineum and increasing the risk of a severe perineal tear.
It would normally be considered appropriate to carry out an episiotomy prior to an instrumental delivery to reduce the risk of a tear extending to the anal sphincter.
As a course of action which increases the new mother's tear risk, an instrumental delivery should also be associated with scrupulous post-delivery assessment in order to identify if, indeed, a severe tear has developed. If so, the woman will require a prompt, comprehensive and competent repair.
When to claim compensation
It might be appropriate to make a claim for compensation if is it considered that negligent maternity care has caused, or contributed to, the new mother suffering a poor outcome which would not have been the case with better quality care, and where the associated symptoms have affected her quality of life.
For example, symptoms associated with what are referred to as 3rd or 4th degree tears include urgency and incontinence of both wind and faeces.
The impact of such symptoms can affect a woman's ability to work in a variety of ways:
- She may no longer be able to manage or have access to some areas of employment, such as hospitality, education or policing due to her bowel problems
- She may only be able to manage limited hours at work due to the practical requirements of her bowel problems
- She may require close access to toilet facilities when she is working
- The psychological stress of her symptoms may restrict her capacity to work
When to claim compensation
If substandard maternity care has allowed a new mother to continue to suffer disabling bowel symptoms following the birth of her baby, she should be able to make a claim for the financial losses caused by her symptoms.
It is important to remember that claims have to be issued within three years of the date of the alleged negligence so speak to a specialist solicitor at the earliest possible moment for advice as to how to proceed.
Glynns Solicitors is a dedicated medical negligence legal practice with a team of experienced lawyers.
Contact us today to talk to a solicitor, free of charge, about the possibility of making a claim.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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