Maternity Examination Negligence and Claiming Compensation
An examination of the new mother's perineum and the condition of her anal muscles following vaginal childbirth is absolutely crucial. A failure to ensure that this is carried out may justify a claim for compensation.
Examination for anal sphincter
Vaginal childbirth puts the mother at risk of suffering a severe perineal tear. Also known as 3rd and 4th degree tears, these appalling and highly distressing injuries damage the anal sphincter and compromise the new mother's ability to control the passing of wind and faeces.
As a known risk, it is the duty of the medical professionals present at the baby's birth to ensure that the mother undergoes a thorough examination. This should not simply be a visual assessment of the woman's perineum. A 3rd or 4th degree tear extends into the anal muscles and, in order for this to be identified, a digital rectal examination is required. Without this, the woman may suffer appalling injuries which remain unrepaired and unrecognised until it is too late to make an effective recovery.
A failure to carry out an examination, a failure to identify that damage has occurred or a misdiagnosis may all justify a claim for compensation if the new mother suffers debilitating symptoms as a result.
Making a claim for compensation
Unrepaired damage to the anal sphincter can cause devastating symptoms. Incontinence of wind and faeces can mean that the new mother struggles both practically and psychologically. She may struggle to return to work, finding that access to a toilet becomes a major issue in her life. Some areas of employment may no longer be accessible to her and her income may suffer as a result.
In these circumstances, a successful claim would take account of the financial losses caused by the negligence.
Speak to a legal specialist
Compensation claims for medical negligence are, not surprisingly, extremely complex, requiring the analysis of the new mother's medical records and a meticulous assessment of the ways in which the negligence has affected her life.
Engaging the services of a solicitor who specialises in medical negligence law is key to the best outcome.
Not only will they will have access to the best medical experts for advice but they will be able to offer the experience and expertise to negotiate the best settlement in terms of compensation.
Glynns Solicitors
As specialists in medical negligence law, Glynns has extensive experience of high-value birth tear claims and a thorough understanding of the shocking emotional and physical impact of negligent care of these devastating injuries.
Contact us today to speak with a solicitor, free of charge, if you suspect that you may be entitled to make 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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