Unrepaired Childbirth Anal Tear and Claiming Compensation
An anal tear during vaginal childbirth damages a woman's ability to control wind and the passing of faeces. If medical professionals have failed to ensure that an effective repair is carried out, they may be regarded as negligent and it may be possible to make a claim for compensation.
Negligence and anal sphincter tears
A failure to repair an anal sphincter repair, leaving the new mother with on-going bowel symptoms, could be regarded as negligent. An inappropriate or ineffective repair may also be regarded as negligent or substandard care.
However, in order for a repair to take place, it is crucial that an accurate and timely diagnosis is made. A failure by medical professionals to achieve this would also be regarded as negligent. A correct diagnosis may not be made for a variety of reasons:
- A failure to carry out a perineal and digital rectal examination of the new mother after the vaginal birth of her baby
- A failure to recognise that the anal sphincter has suffered a tear
- A misdiagnosis of an anal sphincter tear such as diagnosing a 4th degree tear as a 3rd degree tear or diagnosing a 3rd degree tear as a 2nd degree tear, meaning that only part of the tear is repaired and the woman continues to suffer bowel problems such as urgency or leakage.
How to claim compensation for medical negligence
If negligent or substandard medical care has left you or a loved one with on-going symptoms and associated problems and losses, you are legally entitled to make a claim for compensation for the impact of that negligence.
For example, if your long-term bowel symptoms make it difficult to work, causing you to suffer a loss of income, a successful compensation claim would incorporate those financial losses.
In the first instance, you would be best advised to speak with a specialist medical negligence lawyer. If appropriate, they will be able to access your medical records and carry out an assessment of the quality of your maternity care, identifying whether or not you have been the victim of negligent care.
Speak to a legal specialist
Glynns Solicitors is a dedicated medical negligence legal practice with a team of experienced lawyers and long-standing expertise in high-value compensation claims.
Contact us to speak with a specialist 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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