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Maternal Childbirth Injury and Claiming Compensation for Negligence

Maternal Childbirth Injury and Claiming Compensation for Negligence

Negligent maternity care of a maternal birth injury may cause a lifetime of bowel incontinence and justify a claim for compensation.

Severe maternal birth injuries

It is not uncommon for a woman to suffer an injury to her perineum during vaginal childbirth. The pressure exerted on the vagina and surrounding skin and muscle as the baby is born can cause a tear to develop. For most women this is a fairly small injury which heals promptly and successfully.

A far more extensive injury is a birth tear which travels beyond the perineum and causes damage to the woman's anal sphincter. At this point the nature of the damage, the associated symptoms and the complexity of the necessary repair, all become far more severe. Meticulous medical care is essential in terms of both diagnosis and repair if the new mother is to avoid permanent and debilitating bowel problems.

Anal sphincter injuries during childbirth fall into one of a number of categories of increasing severity:

  • A 3a tear damages up to 50% of the external anal sphincter
  • A 3b tear damages more than 50% of the external anal sphincter
  • A 3c tear causes damage to both external and internal muscles
  • A 4th degree tear additionally damages the lining of the anal canal and puts the woman at risk of developing a rectovaginal fistula

Medical negligence

Competent medical care of the new mother following vaginal childbirth requires a thorough examination including a digital rectal examination in order to identify any damage to the anal sphincter.

Without diagnosis, the injury will not be repaired and the anal muscles will no longer function properly, leaving a woman suffering incontinence or leakage of both wind and faeces.

Even a misdiagnosis, for example when a 3c tear is diagnosed as a 3a tear, can leave a woman with on-going symptoms as part of her injury remains unrepaired.

Speak to a legal specialist

If you are struggling with the appalling effects of an undiagnosed or unrepaired anal sphincter injury (or OASI) during childbirth, you may be struggling to work. A successful compensation claim would address this issue and incorporate your financial losses.

Contact Glynns Solicitors to discuss the possibility of making a claim. A dedicated medical negligence legal practice, we have a team of experienced lawyers who offer extensive expertise in high-value maternal birth injury claims.

Don't delay! Compensation claims for medical negligence are associated with a legal deadline.

Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.

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