Unrepaired Birth Tear: Can I Claim Compensation?
If you are struggling with the consequences of an unrepaired severe birth tear, you may be entitled to claim compensation which will help you to address some of the difficulties you are facing.
Birth tear diagnosis and repair
If you are struggling with the effects of an unrepaired birth tear, such as managing your working life or coping with the practical problems of bowel incontinence, you may be entitled to make a claim for compensation if it is found that your maternity professionals were negligent in their management of a severe birth tear.
If you have an unrepaired severe tear, i.e. a 3rd or 4th degree tear, it is likely that your maternity professionals failed to diagnose your injury successfully. This may have been due to a variety of reasons which may be regarded as negligent.
- A failure to carry out a sufficient perineal examination after the birth of your baby to include a digital rectal examination, without which a severe tear is unlikely to be identified
- A failure to recognise that an injury has occurred, despite an examination being carried out
- A misdiagnosis of an anal sphincter injury, such as diagnosing a 3c tear as a 3a tear, thereby resulting in only a partial repair
Since 3rd and 4th degree tears are a known risk of vaginal childbirth and their accompanying symptoms can be debilitating and life-changing, any failure to provide competent diagnosis and care may well be regarded as negligent and may justify a claim for compensation.
Making a claim for compensation
A successful compensation claim would address the problems and financial losses caused by the consequences of the negligence. If for example, you are experiencing incontinence of wind and faeces as a result of your lack of injury repair, you may be finding it difficult to work. You may no longer be able to work in your previous employment, such as education or hospitality, due to your symptoms and may be suffering a significant loss of income. You may also be finding it difficult to manage full-time work do to the demands of managing your bowel symptoms and this may also be causing a reduction in earnings.
If you are considering making a claim, your first step is to talk to medical negligence legal specialist. Before a claim is issued, it is necessary to identify whether or not you have been the victim of negligent medical care and this is best carried out by a solicitor who can access your medical records and employ the best medical experts to analyse the quality of your care.
Speak to a legal specialist
Glynns Solicitors is a dedicated medical negligence legal practice with a wealth of experience in severe birth tear claims. We fully understand the impact which this form of negligence can have on the life of a new mother and the difficulties which women can experience when talking about such intimate and embarrassing issues. We offer a vital combination of expertise and understanding to support you in investigating your experiences of maternity care.
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 on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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