Obstetric Anal Sphincter Injury And When to Claim Compensation for Negligence
Speak to a legal specialist if you are suffering with the impact of an unrepaired OASI following the birth of your baby.
OASI care in vaginal childbirth
An OASI during vaginal childbirth is a shocking development. It is not something which a woman expects when going to hospital to give birth to her baby. The possibility of suffering an injury so severe that it may compromise your bowel function for life is not on most people's radar.
If it occurs, prompt and competent medical care can repair the injury and ensure that the woman recovers her function. If medical care is inadequate, however, a repair may not be carried out or it may be inadequate and the new mother may suffer permanent and possibly worsening loss of bowel control.
An OASI (an injury which damages the anal muscles) is a known risk of vaginal childbirth so maternity professionals should be fully aware of the need to examine the new mother thoroughly, including carrying out a digital rectal examination. Any injury to the anal sphincter should be identified and diagnosed accurately to ensure a comprehensive repair. A misdiagnosis can leave part of the injury unrepaired and leave the new mother to suffer on-going incontinence of wind and faeces.
Medical negligence and when to claim
A failure to carry out an examination, a failure to make an accurate diagnosis or a failure to identify an injury at all may all be regarded as negligent care and may justify a claim for compensation.
Claims for medical negligence need to be issued within three years of the date of the alleged negligence. This may seem like a long time but a claim needs to be thoroughly investigated before this deadline and this requires a meticulous analysis of the woman's medical records and an assessment of the impact of any negligence on her long-term outcome.
Successful claims
A successful claim addresses the financial impact of the negligence. For example, if the bowel symptoms which the new mother is experiencing are affecting her ability to work and have, therefore, caused her to experience a significant loss of earnings, this financial loss would be included in the claim. Her loss of earnings would refer both to what she has lost since the birth of her baby as well as the loss of earnings which she is likely to suffer into the future.
Any cost of specialist treatment or equipment needed to manage her symptoms would also be included insofar as these costs have been caused by the impact of the negligence.
Speak to a legal specialist
Glynns is a specialist medical negligence legal practice with many extensive expertise in birth tear claims.
Contact us today to talk to a solicitor, free of charge, about the possibility of making a claim.
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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