Making a Compensation Claim for a Maternal Birth Injury
If a woman suffers the long-term effects of a maternal birth injury due to negligent medical care, she would be entitled to make a claim for compensation.
A significant minority of women suffer a severe perineal or anal tear during vaginal childbirth. This is not necessarily, in and of itself, a sign of negligent care. However, if the woman's post-natal care is substandard, she may not receive the quality of repair she needs and may go on to suffer permanent, distressing and debilitating symptoms.
Severe maternal birth injuries
What does this term refer to? What nature of injury and long-term symptoms might be regarded as negligent and could justify a claim for compensation?
A severe maternal birth injury might otherwise be referred to as an Obstetric Anal Sphincter Injury (OASI) or a 3rd or 4th degree tear.
These are injuries which occur in the course of vaginal childbirth which cause damage to the anal sphincter, the muscles which control bowel movement. In the case of a 3a tear, less than 50% of the external anal sphincter is damaged whereas, in the case of a 4th degree tear, the external anal sphincter, the internal anal sphincter and the lining of the anal canal are all damaged.
Without prompt diagnosis and repair, the on-going symptoms are likely to include the following:
- Incontinence of wind and faeces
- Possible leakage of wind and faeces from the vagina if a fistula has developed
- Repeat infections of the perineum
- The possible need for a stoma if bowel function is compromised
Medical negligence and maternal birth injuries
Negligent medical care which might contribute to such a distressing outcome could include the following:
- A failure to carry out a thorough perineal and anal examination
- A failure to provide an appropriate episiotomy when an instrumental delivery is required
- A misdiagnosis or complete failure to diagnose damage to the anal sphincter
- An incomplete or substandard repair of a 3rd or 4th degree tear
Speak to a legal specialist
Compensation claims for medical negligence are extremely complex. If you or a loved one have been the victim of negligent maternity care, contact Glynns Solicitors.
Specialists in medical negligence compensation, we have a team of experienced solicitors, all of whom are experts in medical negligence law.
Contact us to speak with a specialist, free of charge, about the possibility of making a claim for the effects of negligent medical care.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
Make An Enquiry
Why Choose Us
- Specialist medical negligence solicitors
- Free initial enquiries
- No win, no fee available
Reviews
Our Expertise
Helping Clients Across England & Wales
