Obstetric Tear Negligence and How to Claim Compensation
Damage to the anal muscles during childbirth requires skilled medical care if the new mother is to avoid permanent symptoms.
What is an obstetric tear?
An obstetric tear is sometimes referred to by other terms. Some professionals refer to anal sphincter injuries or OASI, maternal birth injuries or 3rd and 4th degree tears. Whatever the term, these severe injuries to the anal sphincter, caused by the pressure of vaginal childbirth, can result in life-changing bowel problems if they are not promptly and accurately diagnosed by the medical professionals present at the birth.
Appropriate maternity care and negligent care
Due to the potential severity of these distressing injuries, competent medical care is essential. All women who undergo a vaginal delivery should not only be advised as to the possibility of these appalling injuries, but should also receive a thorough examination of the perineal area following the birth. According to the guidelines of the Royal College of Obstetricians and Gynaecologists, this should include a digital rectal examination to assess the condition of the anal sphincter.
If the muscles of the anal sphincter are damaged, they need to be repaired by an experienced surgeon. If this does not happen, the new mother will develop bowel symptoms such as incontinence of wind and faeces, which may become permanent. In the worst cases, the new mother may experience leakage of wind of faeces from the vagina or even require the fitting of a stoma.
Substandard or negligent maternity care, which might justify a claim for compensation, could include the following:
- A failure to carry out an appropriate examination
- A failure to recognise any damage to the anal sphincter
- A misdiagnosis of damage to the anal sphincter
- A failure to carry out a comprehensive and effective repair of damage to the anal sphincter
Claiming compensation
If negligence such as the above, has left a new mother with significant bowel symptoms, it may be possible to make a claim for compensation for the impact of that negligence. This could include any loss of income due to difficulties with accessing work due to the unanticipated symptoms.
In the first instance, you should speak to a specialist solicitor who can investigate the quality of your maternity care and advise whether or not you have been the victim of negligent care. If so, a further investigation will assess the impact of the negligence on your health outcome and your quality of life.
Legal specialist
Glynns Solicitors is a dedicated medical negligence legal practice with extensive experience of high-value birth tear claims.
Contact us to talk with a solicitor, 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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