Obstetric Medical Negligence and When to Claim Compensation
Negligent medical care during childbirth can devastate the outcome for both baby and mother. A distressing example for the new mother is where negligent care of her perineum leaves her with a lifetime of bowel dysfunction. In such a scenario, it may be possible to make a claim for compensation.
Severe perineal tears
The extreme physical pressure of childbirth on the skin and muscle around the vagina can, not surprisingly, cause the body's tissue to tear. If you are lucky, this tear will be limited to the immediate area around the vagina. If you are less fortunate, however, the tear may continue across the perineum and into the muscles around the anus, the anal sphincter. This is most likely to happen to women who have required an instrumental delivery and women who are giving birth through the vagina for the first time. An injury of this nature can cause bowel dysfunction in the form of both wind and faecal incontinence. To avoid this life-changing outcome, prompt and competent medical attention is crucial.
Negligent medical care of severe perineal tears
The maternity staff present at a vaginal birth may be regarded as having only provided substandard care if the following occurs:
- There is a failure to carry out a comprehensive examination and assessment of the perineum including a digital rectal examination to check the condition of the anal sphincter
- A medical professional fails to identify that any damage has occurred to the anal sphincter, leaving a severe tear, otherwise referred to as a 3rd or 4th degree tear, undiagnosed
- Damage to the anal sphincter is identified but, unfortunately, is misdiagnosed. An example of this may be where a 3c tear, which has damaged the internal anal muscle, is misdiagnosed as a 3a tear which only affects the external muscle. In this situation, the internal damage may remain unrepaired.
- The full extent of the injury is recognised and diagnosed correctly but the quality of the repair is substandard, thereby allowing the woman to continue to suffer appalling bowel problems with the possibility that they may worsen if the repair breaks down
Claiming compensation
Severe bowel problems can change the way a woman lives her life, compromising her ability to work, damaging her self-confidence and potentially affecting her ability to bond with and support her new-born child.
The financial consequences can be significant and can be incorporated into a successful claim when the dysfunction is found to have been caused by negligent care.
Specialist legal advice
Glynns Solicitors is a dedicated medical negligence legal practice with extensive experience of severe perineal tear claims.
Contact us today to talk to a solicitor, free of charge, about the possibility of making a claim for compensation.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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