Negligent Maternal Birth Injury and Claiming Compensation
It is not uncommon for a woman to suffer a perineal injury during vaginal childbirth. It is, therefore, essential that medical professionals provide a competent level of care to ensure that the woman does not suffer permanent and debilitating symptoms.
Maternal birth injuries
Maternal birth injuries come in different sizes with varying degrees of severity, damage and associated symptoms.
A woman may suffer a small tear which heals quickly or she may suffer a severe tear affecting her anal muscles which can cause permanent incontinence if not treated promptly and effectively by medical practitioners.
Some categories of pregnant women are more susceptible to severe birth tears including the following:
- Women who are giving birth through the vagina for the first time
- Women who are giving birth to a larger than average baby
- Women who require instrumental assistance during the delivery, with either forceps or ventouse
- Women who are of Asian ethnicity
- Women whose baby suffers from shoulder dystocia during the birth, becoming stuck behind the pubic bone
Medical negligence
Birth tears are a known risk of vaginal childbirth and are not necessarily a sign of medical negligence.
However, due to the potential severity and permanence of the symptoms of severe tears, competent medical care is essential and a failure to provide such a good level of care may be regarded as negligence and may justify a claim for compensation.
Medical negligence in relation to severe maternal birth tears may occur in a number of ways:
- Medical professionals may fail to carry out a digital rectal examination of a new mother, leaving severe anal damage undiagnosed
- Severe damage may be misdiagnosed as a less severe form of injury such as a 2nd degree tear instead of a debilitating 3rd or 4th degree tear
- A tear may be diagnosed and recorded accurately but the quality of the subsequent repair may be poor, using inappropriate techniques or leaving a part of the tear unrepaired
Claiming compensation
If the effects of medical negligence leave a patient suffering long-term symptoms and financial losses, it may be appropriate to make a claim for compensation. A woman may find that she is restricted in the type or extent of employment she can undertake due to her symptoms of incontinence. In this situation a compensation claim would take account of these financial losses if they have been caused by negligent medical care.
Speak to a legal specialist
Glynns Solicitors is a dedicated medical negligence legal practice with extensive experience of maternal birth injury compensation claims.
Contact us today if you are struggling with the effects of negligence maternity care and one of our team of experienced lawyers will be very happy to talk to you.
Speak to a specialist solicitor
Glynns Solicitors is a specialist medical negligence legal practice with extensive expertise in maternal birth trauma claims. Contact us to day to talk to one of our experienced lawyers about your situation.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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