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Maternity Birth Tear Negligence and Claiming Compensation

Maternity Birth Tear Negligence and Claiming Compensation

Negligent maternity care can leave a new mother with permanent incontinence and may justify a claim for compensation.

Maternal birth tear risks

One of the risks of vaginal childbirth is the possibility that the new mother will suffer a severe birth tear. Although the risk is low, at between 5% and 10% of vaginal births, it is nonetheless a sufficient possibility to justify the need for meticulous maternity care.

The risk is greater for first-time mothers, women who have needed an instrumental delivery and those giving birth to a larger than average baby. It is absolutely crucial that they are carefully examined following the birth of their baby for any indication of a severe 3rd or 4th degree tear.

Negligent maternity care relating to severe birth tears

Negligent maternity care, leaving a new mother with significant bowel problems, can occur in a number of ways:

  • The new mother does not undergo an examination of her perineum and anal muscles following the birth of her baby
  • No diagnosis is made of a severe tear when one is present
  • A severe tear is misdiagnosed as a lesser tear such as a 1st or 2nd degree tear. Even the misdiagnosis of a 3c tear as a 3a tear can leave a woman with bowel difficulties.
  • The repair of a severe tear is inadequate either in extent or technique, leaving the new mother to suffer symptoms

Claiming compensation

If you have suffered a severe 3rd or 4th degree tear which has either not been diagnosed or has received a substandard repair, you are probably experiencing distressing and debilitating symptoms.

Symptoms of incontinence of wind and faeces can have a major impact on the way a woman feels and the way she lives. For example, many types of employment (retail, education, healthcare, hospitality) may no longer be available to her due to the need for close access to a toilet or due to the nature of her symptoms.

If loss of employment has led to a reduced income, it may be possible to make a claim for compensation for those financial losses.

Contact a specialist medical negligence solicitor to discuss the suitability of making a claim.

Specialist legal advice

Glynns Solicitors is a dedicated medical negligence legal practice with a team of lawyers who all specialise exclusively in this complex area of the law. Contact us today to speak with a solicitor, free of charge, about the possibility of making a claim for compensation regarding substandard maternity care.

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

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