Maternity Staff Failings and OASI Compensation

Maternity staff present at the vaginal birth of a baby have a duty to ensure that, if the new mother has suffered an OASI, it is promptly diagnosed and repaired. A failure to do so may be regarded as negligent and justify a claim for compensation.

Perineal care guidelines in maternity

The Royal College of Obstetricians and Gynaecologists’ Care bundle makes specific recommendations with regard to the care of a woman’s perineum and anal sphincter before and after she has given birth:

Inform the woman about OASI and what steps can be taken to minimise her risk
Use of manual perineal protection
Medio-lateral episiotomy to be used when indicated
Perineum must be examined after delivery and any tears graded according to the RCOG guidelines. Examination should include a ‘per rectum’ check even when the perineum appears intact.

OASI (obstetric anal sphincter injuries) are a risk of vaginal childbirth and, without diagnosis, can leave a new mother with permanent disabling bowel problems.

A competent examination and diagnosis is absolutely essential.

Negligent maternity care of the perineum

Failings by maternity staff which could leave a new mother with an unrepaired severe birth tear could include the following:

A failure to carry out a thorough examination including a digital rectal examination
A failure to recognise that damage has occurred to the anal sphincter
A misdiagnosis of damage to the anal sphincter
A failure to carry out an effective and comprehensive repair

When to claim compensation

If a new mother leaves hospital with an unrepaired 3^rd or 4^th degree tear, she is likely to suffer debilitating bowel symptoms which could include incontinence of both wind and faeces.

She may even suffer leakage from the vagina as well or need a stoma to be fitted.

The impact of permanent symptoms such as these can be life-changing.

It can utterly undermine a woman’s self-confidence, restrict the activities she is able to carry out and reduce her capacity to work. She may suffer a loss of income due to difficulties with working because of her symptoms.

Where this outcome is found to have been caused by negligent maternity care, a successful claim would take account of the financial impact.