Is a Maternal Birth Injury to the Bowel Negligent?
Substandard maternity care may leave a woman with permanent bowel incontinence and may justify a claim for compensation.
What are maternal birth injuries?
The term 'maternal birth injury' is another way of referring to a severe perineal tear, also known as 3rd and 4th degree tears. Severe birth tears occur to a minority of women who have given birth through the vagina, usually first-time mothers or women who have required instrumental assistance, such as forceps, with the delivery of their baby.
Severe tears cause damage not only to the skin and muscle between the vagina and the anus, but they additionally tear through the anal sphincter, the muscles which control bowel movement.
Depending on the nature of the tear, they may damage only the external anal muscle (3a and 3b tears), both external and internal muscles (a 3c tear), or both external and internal muscles and the lining of the anal canal (a 4th degree tear).
Is a maternal birth injury negligent?
The occurrence of a 3rd or 4th degree tear is not necessarily a sign of medical negligence in itself. However, such is the possible impact of these injuries that they require prompt and skilled medical care. A failure by maternity and gynaecological services to provide an acceptable level of care may be regarded as negligent and may justify a claim for compensation. A delayed diagnosis and repair may not resolve the symptoms being experienced by the new mother and she may face a lifetime of debilitating bowel problems.
What can you do about negligent care?
If negligent medical care causes a patient to suffer a worse outcome than would have been the case with an acceptable level of care, the victim is entitled by law to make a claim for compensation.
A successful compensation claim needs to demonstrate that negligent care occurred and that the patient suffered injuries or symptoms as a result of that substandard care which they would not otherwise have experienced.
If those symptoms have a debilitating impact on the patient, such as limiting their ability to earn a living or causing them to need personal care, the financial losses would be included in the claim.
Speak to a legal expert
Compensation claims for medical negligence are extremely complex and, if you or a loved one have been the victim of negligent care, you would be best advised to obtain the services of a specialist medical negligence solicitor. This will facilitate access to the best medical experts and a realistic and comprehensive assessment of the validity and value of your claim.
Contact Glynns today
Glynns Solicitors is a dedicated medical negligence legal practice with a team of experienced lawyers who are specialists in this field of law. Contact us today to speak to 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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