Post-natal Examination Negligence and Compensation for Bowel Dysfunction
Contact a medical negligence specialist if you are struggling with the appalling impact of a 3rd or 4th degree tear following the birth of your baby.
Recommendations for perineal care in vaginal birth
Guidance form the Royal College of Obstetricians and Gynaecologists recommends that all women who have given birth through the vagina should receive a thorough perineal examination following the birth. This should include a digital rectal examination to assess the condition of the anal sphincter, the muscles which control the passing of wind and faeces.
The reason for this is that vaginal childbirth puts a woman at risk of suffering a severe birth tear which crosses the whole of the perineum and enters the muscles around the anus. Without prompt diagnosis and repair, this severe injury can leave the new mother with permanent bowel dysfunction.
Women who are giving birth for the first time and women who have undergone an instrumental delivery, especially with forceps, are at a heightened risk.
Negligence in post-natal examination
Medical professionals who are present at the birth of a baby through vaginal delivery may be regarded as having been negligent in the following circumstances:
- There is a failure to carry out an examination at all
- There is a failure to include a digital rectal examination, meaning that damage to the anal sphincter may not be identified
- Damage to the anal sphincter, such as a severe 3rd or 4th degree tear, is not identified
- A 3rd or 4th degree tear is misdiagnosed, leading to an inadequate repair such as a 3c tear being diagnosed as a 3a tear which only affects the external anal muscle rather than both external and internal muscles
The right to compensation
If negligent maternity care leaves a new mother with permanent bowel dysfunction, including urgency and leakage of wind and faeces, the long-term impact can be practically, emotionally and financially devastating.
Debilitating bowel problems can limit what a woman is able to do, undermine her self-confidence and restrict the types of employment which she can access or manage.
A woman in this situation should be able to make a claim for compensation, which could include her loss of earnings if she is struggling to work or the costs of equipment, treatment or sanitary wear if this is necessary in order to cope with her symptoms.
Speak to a legal expert
Compensation claims for the impact of maternity negligence are extremely complex and require the skills of an experience medical negligence solicitor.
Glynns is a dedicated medical negligence legal practice with extensive experience of severe birth tear claims.
Contact us today to talk with a solicitor, free of charge, if you suspect that you may be entitled to make 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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