Instrumental Delivery Negligence and Compensation for Severe Tears
A severe perineal injury following an instrumental delivery may cause permanent bowel symptoms and may justify a claim for compensation.
Negligence and an instrumental delivery
An instrumental delivery is sometimes necessary to ease the passage of a baby into the world. However, careful and competent medical care is vital to ensure that this procedure does not leave the new mother with life-changing and lifelong bowel problems.
Whether forceps or a ventouse are used, an instrumental delivery may adversely influence the new mother's outcome in a number of ways:
- The guidelines developed by the Royal College of Obstetricians and Gynaecologists regarding anal sphincter injuries in childbirth recommends that, where an instrumental delivery is necessary, a mediolateral episiotomy should be considered. This should reduce the likelihood that the new mother will suffer a severe perineal tear. If an instrumental delivery is carried out without a prior episiotomy, the relevant medical professional may be regarded as having been negligent.
- An instrumental delivery, especially where forceps are used, is a risk factor in the occurrence of a severe 3rd or 4th degree tear. Given this fact, medical professionals attendant at an instrumental delivery should ensure that the new mother undergoes a thorough perineal examination following the birth of the baby to check for any signs of anal sphincter damage. Any injury should be accurately diagnosed and promptly repaired by a suitably-qualified surgeon. A failure to do so may be regarded as negligent.
When to claim compensation
It may be appropriate to make a claim for compensation when an act of negligence on the part of medical professionals has caused a new mother to suffer on-going bowel difficulties which she would not have suffered with an appropriate level of care.
If the woman suffers significant financial losses, such as a loss of income, due to her debilitating symptoms, a successful compensation claim should address those losses. Severe bowel problems, such as urgency and incontinence of wind and faeces, can affect the types of work which a woman may be able to undertake. This, in turn, can affect her earning capacity and may result in a significant loss of income.
Talk to a specialist solicitor about the possibility of making a claim for compensation.
Legal experts
Compensation claims for medical negligence require the expertise of solicitors who specialise in this complex area of law.
Glynns Solicitors is a dedicated medical negligence legal practice with extensive experience in high-value obstetric injury claims. Contact us today to discuss your situation with a solicitor, free of charge, with a view to making a claim for compensation.
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