Negligent Birth Tear Compensation Claims.
If a new mother suffers a severe birth tear during a vaginal delivery which leaves her struggling with significant bowel problems, it may be possible to make a claim for compensation.
What is a severe birth tear?
Severe birth tears are often referred to as 3rd or 4th degree tears or OASI (obstetric anal sphincter injuries).
They occur as the baby is born and the skin and muscle around the vagina and across the perineum is put under considerable pressure. These most serious tears, having crossed the perineum, additionally cause damage to the muscles around the anus which control the passing of wind and faeces.
It is essential that they receive prompt and competent medical care in order to prevent the new mother facing on-going bowel problems with leakage of wind and faeces.
Negligent maternity care
These severe injuries need to be dealt with as soon as possible after they occur. In order for this to happen, it is crucial that the new mother is thoroughly examined, specifically to check for these types of injury. If a 3rd or 4th degree tear is correctly diagnosed, it needs to be repaired promptly, fully and effectively.
If medical professionals fail in either examination, diagnosis or repair, they may be regarded as having been negligent in their duty of care to the new mother. It may be possible to claim compensation for the impact which the new mother's bowel problems then have on her quality of life.
Making a claim
A successful claim will depend on it being clear both that negligence has occurred and that it affected the new mother's long-term outcome.
If both these criteria are satisfied, it may be possible to make a claim for the financial consequences.
For example, if the new mother finds herself struggling to work because of her bowel problems, her loss of income would be included in her claim. Alternatively, if she needs to change jobs because of her bowel difficulties and therefore suffers a reduction in income, the losses would be included in a claim.
Furthermore, if she needs to access specialist treatment or purchase specialist equipment in order to manage her symptoms, the associated costs could be included in a claim.
Speak to a legal specialist
A specialist medical negligence lawyer is essential if you are thinking of making a claim for compensation for negligence during the birth of your baby.
Glynn Solicitors is a dedicated medical negligence legal practice with a team of specialists and considerable experience in birth tear claims.
We can offer No Win No Fee medical negligence funding which we will discuss with you during your free initial telephone discussion.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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