Maternity Negligence and Claiming Compensation for Bowel Symptoms
One the most damaging outcomes of vaginal childbirth affecting the new mother is when maternity professionals fail to respond effectively and appropriately to severe birth tears.
What is a severe birth tear?
Most women, around 90%, experience an injury of some degree to the region between the vagina and the anus during the birth. This is perhaps not surprising given the pressure exerted when a baby is born. Such an injury is usually limited to the skin and muscle of the perineal region.
A 'severe' birth tear, however, is said to have occurred when a perineal tear extends beyond this region and causes damage to the muscles around the anus, known as the anal sphincter. Thankfully, such injuries only occur to around 5% of women.
These injuries also vary is severity according to the guidelines of the Royal College of Obstetricians and Gynaecologists, whose recommendations for perineal care should be followed by the medical practitioners attendant at the birth.
- A 3a tear affects up to 50% of the external anal sphincter
- A 3b tear affects more than 50% of the external anal sphincter but does not affect the internal muscle
- A 3c tear affects both external and internal muscles
- A 4th degree tear additionally damages the lining of the anal canal
Negligence and severe tears
Competent medical care is essential if a woman suffers a severe birth tear. A failure to diagnose or repair may be regarded as negligent, as may a misdiagnosis or a failure to carry out a thorough perineal and digital rectal examination, leading to a diagnosis failure.
When to claim compensation
Severe birth tears which are unrepaired will cause the new mother to suffer unanticipated bowel symptoms such as urgency and incontinence. It may even be necessary for the woman to have a stoma fitted to provide bowel function.
Where this is the case, the woman may be able to make a claim for compensation for her pain and suffering. Where her symptoms have also caused her to experience financial losses, such as a reduced income, this would also be included in a successful claim.
Speak to a legal specialist
Glynns Solicitors is a dedicated medical negligence legal practice with extensive experience in successful, high-value birth tear compensation claims.
Contact us today to speak with a 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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