Job Lost to Anal Birth Tear: Can I Make a Compensation Claim?
If you have lost your job or are unable to work due to the consequences of an anal birth tear, you may be able to claim compensation.
If, following the birth of your baby, you are suffering bowel symptoms of such severity that you are unable to work, it may well be that you have an undiagnosed or unrepaired anal birth tear.
An anal birth tear, otherwise sometimes referred to as an OASI or a 3rd or 4th degree tear, is a known risk of vaginal childbirth. Consequently, if a woman has given birth through the vagina, it is essential that she undergoes a thorough examination following the birth of her baby. This should include a digital rectal examination to check the condition of her anal sphincter. If such an examination does not take place, any damage to the anal muscles will not be diagnosed and will not be repaired. Any damage needs to be diagnosed accurately or the repair, if any occurs, may be incomplete.
If this is the case, it is likely that the new mother will develop bowel problems to some degree. This may be an issue of urgency when needing to go to the toilet or it may be significant incontinence of both wind and faeces. This can sometimes lead to a loss of employment and the loss of the associated income.
It is also possible that the relevant medical professionals will be regarded as having provided only substandard care and that it might be appropriate to make a claim for compensation.
Making a compensation claim
Where it is found that a woman has been the victim of negligent maternity care and has been left with disabling bowel symptoms as a result, she may be able to claim compensation.
A compensation claim would include her loss of income in the case where she is no longer able to work or can only work part-time or in a less well-paid job than had previously been the case.
Other financial losses, insofar as they have been caused by the negligent care, would also be included such as the costs of specific treatment or equipment related to the injury.
Speak to a legal specialist
If you think that your symptoms may be the result of negligent maternity care, speak to a medical negligence legal specialist about how to make a claim for compensation.
Glynns is a dedicated medical negligence legal practice with a team of solicitors with extensive experience of birth tear claims.
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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