Maternity Anal Sphincter Damage and Compensation for Negligent Care
Debilitating symptoms due to anal sphincter damage in childbirth may justify a claim for compensation.
Anal sphincter damage during childbirth appears to be an under-recognised injury which receives little air-time. Women who have experienced this potentially debilitating injury are often reluctant to talk about it due to embarrassment or a misguided belief that bowel incontinence is normal after vaginal childbirth.
Unfortunately, however, without prompt diagnosis and an effective repair, this severe and distressing injury can cause symptoms which can fundamentally and permanently affect a woman's quality of life, her confidence and her capacity to work.
What is anal sphincter damage?
The anal sphincter is the external and internal muscles which control the function of the anus. These muscles work together to control and, where appropriate, prevent the passing of wind and faeces. If these muscles are damaged, their ability to function can be reduced or lost, resulting in leakage or incontinence.
Negligent maternity care and anal sphincter
Severe damage to the anal sphincter, otherwise referred to as 3rd and 4th degree tears, is a known risk of vaginal childbirth. Precautions and post-natal care guidelines aim to reduce the risk and care for the new mother should she happen to suffer an injury of this nature.
However, negligent care can occur in a variety of ways:
- A failure to carry out an episiotomy prior to an instrumental delivery may be regarded as negligent
- A midline rather than a medio-lateral episiotomy may also be regarded as negligent
- A failure to carry out a thorough examination of the new mother following the birth
- A failure to diagnose damage or a misdiagnosis of an injury such as identifying a 3rd degree tear as a 2nd degree tear
- A failure to carry out an effective and appropriate repair
Claiming compensation
If a new mother suffers on-going symptoms such as incontinence because of substandard maternity care, she may struggle physically, psychologically and financially.
If she is no longer able to work in the same type of employment or to the same extent as prior to her injury, thereby suffering a loss of income, she may be able to claim compensation for these financial losses.
A specialist solicitor would be the best person to provide advice about the possibility of making a claim for compensation.
Speak to a legal specialist
Glynns Solicitors is a dedicated medical negligence legal practice with a team of expert lawyers and extensive expertise in birth tear compensation.
If you are struggling with the shocking symptoms of an unrepaired severe birth tear, contact us today to speak with a specialist 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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