Medical Negligence and Childbirth Perineal Tears.
The issue of childbirth perineal tears is not only one which does not seem to attract much airtime but is also, unfortunately, one associated with some complexity and confusion. When is maternity care related to these distressing injuries a matter of negligence and when might it be appropriate to make a claim?
Childbirth perineal tears
Perineal tears suffered during vaginal childbirth are not all the same. For the majority of women, their tear should resolve promptly and effectively. For a minority, their tear may be much more severe and will require careful and accurate diagnosis as well as competent, comprehensive and effective repair.
Without all aspects of care, the new mother, often a first-time mother, can face a lifetime of embarrassing and debilitating bowel symptoms which can be difficult to manage and, perhaps, even more difficult to talk about.
Experiencing a perineal tear during vaginal childbirth, whether a small tear or a severe OASI, is not necessarily an indicator of negligence.
However, failure by maternity staff to provide appropriate care may well be regarded as negligent and may justify a claim for compensation if the new mother is left with on-going and disabling symptoms.
The severity of perineal tears
An accurate diagnosis of a perineal tear is the key to an effective repair and an accurate diagnosis requires a careful assessment.
All women who have given birth through the vagina should undergo a thorough assessment including a digital rectal examination.
A failure to provide this may be regarded as negligent and may justify a claim for compensation if the failure of diagnosis results in a failure of repair.
An examination should enable a maternity professional to diagnosis a perineal tear, if there is one, according to the following classification:
- A 1st degree tear affecting the skin around the vagina and perineum
- A 2nd degree tear affecting the skin and muscle around the vagina and perineum
- A 3a, 3b or 3c tear which causes injury to the external and internal anal muscles to varying degrees of severity
- A 4th degree tear which additionally causes damage to the lining of the anal canal and puts the new mother at risk of developing a rectovaginal fistula
Making a claim for compensation
A failure of examination, diagnosis or repair of a severe 3rd or 4th degree tears, leaving the new mother with debilitating symptoms might be regarded as negligent and may justify a claim for compensation.
Speak to a legal specialist if you think that this situation sounds like your experience.
Glynns Solicitors is a dedicated medical negligence legal practice with extensive experience of birth tear claims.
Contact us today to talk to one of our team of experienced solicitors, 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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