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Severe Birth Tears and When to Make a Claim for Compensation

Severe Birth Tears and When to Make a Claim for CompensationSevere birth tears, also referred to as 3rd or 4th degree tears, can devastate a woman’s life. A claim for compensation may be appropriate if they have not received adequate care.

The complexity of birth tears

Although most women suffer a birth tear of some description during vaginal childbirth, not all birth tears are the same. Whereas a 1st degree tear only affects the skin around the vagina and perineum and should heal quickly with no intervention, a 4th degree tear can leave a woman suffering permanent incontinence or requiring the fitting of a stoma.

Competent and knowledgeable maternity care is essential if a woman is to avoid this highly distressing situation. If a birth tear is not diagnosed or if its severity is under-diagnosed, the new mother may not undergo the necessary repair. Familiarity with the means of assessment and the nature of the anal sphincter injuries is required in order to provide an accurate diagnosis, leading to a competent and effective repair.

Care of the perineum

All women who have undergone a vaginal delivery should receive a thorough examination following the birth including a digital rectal examination to assess the condition of the anal sphincter. A failure to carry out such an assessment may be regarded as negligent.

If an injury has occurred, it needs to be accurately and fully diagnosed according to the guidelines of the Royal College of Obstetricians and Gynaecologists. A failure to identify an injury or a misdiagnosis of an injury may be regarded as negligent and may justify a claim for compensation should the new mother suffer bowel difficulties as a result.

Bowel symptoms and severe birth tears

A woman with an unrepaired severe 3rd or 4th degree tear is likely to be suffering problems controlling the passing of both wind and faeces. If she has developed a fistula following a 4th degree tear, she may be leaking wind or faeces via the vagina.

Such symptoms can make it difficult to work. Some areas of employment, such as hospitality, education and healthcare may be complete inaccessible due to these symptoms.

If such a situation causes a new mother to suffer a loss of income as a result, a claim for compensation should address this loss.

Speak to a legal specialist

If you are struggling with the consequences of negligent maternity care, contact Glynns Solicitors, specialists in medical negligence law.

With a long-standing history of success in high-value birth tear cases, we are ideally placed to support you in through the process of making a claim.

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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