OASI Examination Negligence and the Right to Compensation.
A failure to repair an obstetric anal sphincter injury due to negligence on the part of maternity professionals may leave a new mother with appalling bowel problems at the time when she is trying to care for her new baby. Speak to a legal specialist about the possibility of making a claim for compensation.
Essential post-natal examination
The key to the diagnosis and repair of a severe anal sphincter injury during vaginal childbirth is a comprehensive and competent examination following the birth of a baby.
In the first place, a cursory examination of the perineum is not sufficient. This will not identify if damage has occurred to the anal sphincter. A digital rectal examination is required as part of the process to specifically assess the condition of the muscles around the anus.
If any damage has occurred around the anus, it is essential that the examination produces an accurate diagnosis and description of the nature and extent of the injury according to the guidelines of the Royal College of Obstetricians and Gynaecologists:
- A 3a tear tears up to 50% of the external sphincter
- A 3b tear damages more than 50% of the external sphincter
- A 3c tear damages both external and internal muscles
- A 4th degree tear additionally damages the lining of the anal canal
An accurate diagnosis should trigger a surgical repair. A failure of examination will leave any damage undiagnosed and unrepaired.
It may also justify a claim for compensation.
Claiming compensation for the consequences of negligence
If a woman suffers the disabling bowel symptoms associated with a 3rd or 4th degree tear because her maternity professionals failed to provide an adequate examination and diagnosis of her severe injury, she should be entitled to claim compensation for the consequences.
This could include any loss of income due to her distressing bowel problems as well as additional costs such as the costs of treatment, equipment and care where this is needed.
The psychological impact of an untreated obstetric anal sphincter injury can further compromise a woman's quality of life and could be taken into account in the development of her claim.
Speak to a legal specialist
If you are thinking of making a claim for compensation for medical negligence, you will need to the services of a legal specialist. These are extremely complex legal processes and expert advice and guidance is essential to ensuring the best settlement.
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