Is a Severe Tear During 1st Childbirth Negligent?
A severe birth tear which affects the function of the bowel can be a shocking effect of vaginal childbirth. For the first-time mother, it is particularly distressing. If it is not cared for effectively by medical professionals, it may be appropriate to make a claim for compensation.
Childbirth tears
A minority of women giving birth vaginally suffer a severe third or fourth degree tear. Unfortunately, the risk of this occurring is higher for women giving birth for the first time than it is for women who have given birth previously. It is also more likely to occur if a woman requires an instrumental delivery with either forceps or a ventouse.
The occurrence of a severe birth tear may not be a product of medical negligence but a failure of appropriate care may well be.
If a woman has suffered an anal sphincter injury (3rd or 4th degree tear) during vaginal childbirth, it is essential that medical professionals undertake two processes: accurate diagnosis and skilled repair. A failure to achieve one or both of these may be regarded as negligent and justify a claim for compensation for the woman's pain, suffering and financial losses, such as loss of income.
Diagnosis
Birth tears vary considerably in the extent of damage they cause, the nature of repair necessary and the likely long-term effects. It is imperative, therefore, that the attending midwife carries out a thorough examination of the woman's perineum and, if necessary, her anus to ensure that no injury is missed. Any injury should be carefully classified according to the guidelines of the Royal College of Obstetricians and Gynaecologists.
Repair
An accurate diagnosis should ensure a full repair. Severe tears should be repaired in an operating theatre with some form of anaesthetic and the skills of an experienced surgeon. The methods and materials used should be suitable to the nature and location of the injury.
Medical negligence
Therefore, for a woman giving birth for the first time to suffer a third or fourth degree tear may not be due to any negligence. However, if she continues to suffer severe symptoms in the long-term, it maybe that her injury has not been effectively repaired, possibly due to an inaccurate diagnosis. These circumstances might be regarded as an example of negligence.
Speak to a solicitor
If you are continuing to suffer the shocking bowel problems associated with an unrepaired third or fourth degree tear long after the birth of your baby, you may be the victim of negligence.
If your on-going symptoms are due to a failure to diagnose or repair your injury, it may be appropriate to make a claim for compensation.
Contact Glynns today to talk to a specialist medical negligence solicitor with expertise in birth tear claims.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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