Maternal Bowel Damage in Childbirth and When to Claim Compensation
Damage to the perineum, the area between the vagina and the anus, is fairly common during vaginal childbirth. Damage to the muscles which control bowel movement is more unusual and can be utterly life-changing without prompt medical care. When is it appropriate to make a claim for compensation?
Severe birth tears
Birth tears which damage the anal muscles are referred to as obstetric anal sphincter injuries (OASI) or third and fourth degree tears. They are classified according to the extent of damage caused, a 3a tear being the least destructive and a 4th degree tear being the most severe.
Third and fourth degree tears will cause the new mother to experience difficulties with her bowel both in terms of controlling wind as well as the passing of faeces. Not surprisingly, swift and competent medical care is vital.
Negligent medical care
Once an accurate diagnosis has been made, a severe birth tear needs to be repaired by an experienced surgeon in an operating theatre.
A significant delay in diagnosis and repair may make recovery less likely, leaving the new mother with permanent bowel dysfunction.
Aspects of negligence in relation to maternal birth injuries include the following:
- A failure to carry out a thorough examination following a vaginal birth
- A failure to diagnose or a misdiagnosis of a severe tear
- A failure to repair or an ineffective or incomplete repair of a severe tear
When to claim compensation
It might be possible to make a claim for compensation if you believe that the quality of your care following childbirth was negligent, leaving you to suffer symptoms which would not have been the case with an acceptable level of care.
If someone has suffered due to a poor experience of medical care, they are entitled to claim compensation.
If the difficulties caused by the negligent care have caused financial losses, such as a loss of income, this would be incorporated into a successful compensation claim.
It is important to remember, however, that claims for compensation for medical negligence need to be initiated within three years of the date of the alleged negligence and that a specialist lawyer would need plenty of time before this date in which to investigate the quality of a person's medical care.
Legal advice
If you think you might be in a position to make a claim for compensation, the first step is to talk to a specialist solicitor. They will have the experience to assess the quality of your care and have access to the best medical experts to judge the impact of the negligence.
Glynns is a dedicated medical negligence legal practice with a team of experienced solicitors. Contact us today to talk to an expert, 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.
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
