Negligent Childbirth Anal Tear Care and How to Claim Compensation

Suffering a tear around the perineum during vaginal childbirth is fairly common. Suffering a severe tear which affects the anal muscles is much less common but is a known risk and one which maternity professionals should pay considerable attention to in order to ensure that the new mother does not face a lifetime of bowel dysfunction.

Birth tear negligence

A severe birth tear, otherwise referred to as a 3rd or 4th degree tear, damages the muscles around the anus and, therefore, can cause the new mother to struggle to control the passing of wind and faeces. She may experience urgency, leakage or incontinence. In some circumstances, she may develop a fistula between the anus and the vagina and experience leakage from the vagina or need a stoma to be fitted.

If a 3rd or 4th degree tear does occur during the delivery of the baby, it is essential that it is diagnosed correctly and that a comprehensive repair is carried out promptly by a suitably qualified and experienced surgeon.

Examples of why this might not happen and which might justify a claim for compensation could include the following:

A failure to carry out a digital rectal examination of the new mother following the birth of her baby, in order to check for any anal damage
A failure to identify that damage has occurred to the anal muscles
A misdiagnosis of an anal tear, such as diagnosing a 3c tear as a 3a tear
A failure to complete an effective repair

How to claim compensation

If medical negligence has left a new mother with disabling bowel problems and struggling to support her baby and engage with her normal level of activity and quality of life, she is entitled to claim compensation for the impact of that negligence.

This could include a loss of income if she is now unable to work or can only work part-time or has had to change to a less well-paid job because of her symptoms.

It could also include the costs of specialist treatment or equipment or support to help the new mother to manage her symptoms.

Free legal advice

Glynns Solicitors is a dedicated medical negligence legal practice with a team of experienced lawyers and a wealth of expertise in 3rd and 4th degree 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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