Perineal Tear Compensation After Negligent Care
An individual who suffers long-term symptoms and difficulties due to negligent medical care is legally entitled to claim compensation for the impact of that negligence.
This applies equally to maternity care as to other hospital specialties.
Severe birth tears
Birth tears are a risk of vaginal childbirth and, without competent medical care, can leave a new mother struggling with appalling and sometimes life-changing bowel problems.
A severe birth tear injures the muscles around the anus which enable a woman to control the passing of both wind and faeces. If these muscles are damaged, their function is reduced and the woman can experience urgency, leakage and incontinence.
It is important to be aware that a birth tear is not necessarily a sign of negligence. The vast majority of negligence claims we receive in this specific area relate to a failure to diagnose or repair a 3rd or 4th degree tear.
Negligent care of a severe birth tear
These appalling injuries can occur during childbirth due to the pressure of the baby’s delivery but the important thing is to diagnose them accurately and ensure that a comprehensive and effective repair is carried out.
Failings by maternity staff which might be regarded as negligent and which might justify a claim for compensation could include the following:
- Failing to carry out an episiotomy prior to an instrumental delivery
- Failing to carry out an examination of the new mother’s perineum and anal sphincter following the delivery of her baby
- Failing to recognise that an injury has occurred to the anal sphincter
- Failing to make an accurate diagnosis of an injury
- Failing to carry out an effective and full repair
The consequences of negligence
The consequences of such an injury when it is not repaired often revolve around the practical problems caused by incontinence of wind and faeces.
This can include a loss of income if a woman is now restricted in the type or hours of work which she is able to undertake.
She may require specialist treatment or specialist equipment to manage her bowel problems and the costs of this can be incorporated into a claim.
Likewise, if the severity of a woman’s physical, practical and psychological difficulties means that she requires some form of support or care, the associated costs could be included in a claim.
Free initial claim assessment
Think medical treatment may have caused avoidable harm?
Tell our specialist medical negligence team what happened. We will review the initial information and explain whether we may be able to help.
- Tell us what treatment you received and what you believe went wrong
- We assess the initial circumstances
- We explain whether further investigation may be appropriate
Your initial enquiry is free. No Win No Fee funding may be available.
What happens when you contact us?
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1
Tell us what happened
Call us or complete the short enquiry form with a brief outline of the treatment you received and the harm caused.
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2
We assess the circumstances
A member of our specialist team will review the initial details and may ask you for some further information.
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3
We explain your options
We will explain whether we may be able to help, the possible next steps and any funding options relevant to your enquiry.
Worried about making a claim?
“Taking on the NHS is a daunting business… I was always treated with patience and understanding… helped to put my mind at rest.”
Free legal advice
Glynns Solicitors is a dedicated medical negligence legal practice with many years of experience in supporting women who have suffered from negligent care of a severe 3rd or 4th degree tear.
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 free on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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