OASI Disability and Claiming Compensation
The consequences of an OASI can be very severe, physically, psychologically, practically and financially. If substandard maternity care has contributed to such a shocking outcome, it may be possible to make a claim for compensation.
Obstetric anal sphincter injuries and permanent disability
An obstetric anal sphincter injury (OASI) causes damage to the external and, sometimes, the internal muscles which combine to control bowel movements. It is an occasional outcome of vaginal childbirth, occurring to around 5% of women who choose to give birth this way. An injury of such severity requires prompt diagnosis and competent treatment if the new mother is to avoid permanent disability in the form of incontinence of both wind and faeces.
Also referred to as 3rd or 4th degree tears depending on the extent of the damage, these injuries are occasionally the focus of negligent maternity care when lack of training or knowledge or examination means that the new mother suffers an injury which either remains undiagnosed, misdiagnosed or unrepaired.
Negligent care can occur in a variety of ways:
- A failure to examine the new mother following the birth
- A failure to carry out a digital rectal examination
- A misdiagnosis of an injury
- A failure to carry out an effective repair in a suitable setting by an experienced surgeon
If the anal sphincter muscles are damaged, it is not surprising that the new mother starts to suffer incontinence to some degree. This can require very easy and close access to toilet facilities at all times. It can therefore affect a woman's ability to work and the environments in which she feels confident to work.
As a result, it can lead to significant financial losses if a woman is restricted in the hours or type of employment she can carry out.
The psychological impact of impaired bowel function can also affect a woman significantly
Claiming compensation
If negligent maternity care has contributed to this poor outcome, which would have been better with a more effective and competent level of care, it may be possible to make a claim for compensation.
A successful claim would incorporate the financial losses and other costs which the new mother has suffered as a result of her negligent care.
Speak to a legal specialist
If you or a loved one are struggling with the appalling consequences of negligent maternity care, contact Glynns Solicitors to talk to a specialist lawyer, 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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