Severe Perineal Injury and Maternity Negligence
If you are continuing to suffer with significant bowel problems after vaginal childbirth, you may have an unrepaired severe perineal tear and may be entitled to compensation.
What is a 'severe' perineal injury?
Perineal tears are common in the course of vaginal childbirth. As the baby is born, the pressure on the skin and muscle around the vagina can cause a tear to develop from the vagina across the perineum.
A tear of this type is considered to be 'severe' if it continues beyond the perineum and causes damage to the muscles around the anus. Such injuries can cause the new mother to suffer problems with the passing of wind and faeces. Therefore, the extent of the tear and the nature of the damage needs to be carefully and accurately diagnosed. This should prompt a surgical repair and minimise the new mother's symptoms.
Third degree tears (3a, 3b and 3c) damage the external and, sometimes, also the internal anal sphincter, whereas a 4th degree tear additionally damages the lining of the anal canal.
These severe injuries need to be repaired by an experienced surgeon in an operating theatre.
Maternity care of the perineum
Guidelines recommend that women who are planning to give birth via the vagina should be advised as to the risk of severe tears and the steps which can be taken to reduce the risk.
Furthermore, manual protection of the perineum during the birth and, where necessary, an episiotomy prior to an instrumental delivery are also recommended.
Finally, all women who have given birth through the vagina should undergo a thorough perineal examination including a digital rectal examination following the birth to facilitate an accurate diagnosis, followed by a skilled, comprehensive and effective repair where needed.
Negligent maternity care of the perineum
A failure of any of the above processes may be regarded as negligent.
Specifically, a failure to examine the new mother, a failure to diagnose, a misdiagnosis or a failure of repair may all be regards negligent and may justify a claim for compensation if the woman suffers long-term and debilitating symptoms such as bowel incontinence.
Speak to a legal specialist
Compensation claims for medical negligence are extremely complex and, if you think you may have a claim, you would be best advised to speak to a lawyer who specialises in this field of law.
Glynns is a dedicated medical negligence legal practice with a team of experienced solicitors and vast experience of birth tear claims. Contact us today to talk to 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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