What is Obstetric Tear Negligence and Compensation?
Negligent maternity care of an obstetric anal tear can cause a lifetime of bowel problems and may justify a claim for compensation.
What is an obstetric tear?
An obstetric tear, otherwise often referred to as a third or fourth degree tear, is a tear across the perineum and into the anus, which occurs during vaginal childbirth.
Tears which only affect the vagina and the perineum but do not extend into the anus are generally associated with fewer symptoms and mostly resolve promptly and fully.
Third and fourth degree tears, however, are a more serious problem. As well as tearing the perineum, they cause damage to the muscles of the anus which control and prevent the passing of wind and faeces.
If they are damaged during childbirth, and this affects around 5% of women giving birth vaginally, the muscles need to be repaired by a suitably-experienced surgeon promptly in order to ensure that the new mother does not develop bowel incontinence and urgency.
Negligence and obstetric tears
Severe birth tears are a well-known risk of vaginal childbirth, particularly affecting first-time mothers and women who have required an instrumental birth.
If medical professionals fail to provide adequate and effective care, such as the following examples, they may be regarded as having been negligent:
- A failure to examine, leading to a failure to diagnose
- A failure to identify an injury
- A misdiagnosis of an injury
- An inadequate repair of an injury
If the new mother suffers on-going symptoms and associated difficulties, which would not have been the case with a competent and acceptable level of care, they would be entitled to make a claim for compensation.
Compensation claims for maternity negligence
Compensation claims for medical negligence aim to restore an individual to the position which they would have enjoyed had the negligence not occurred. For example, if a woman suffers a loss of income because her bowel symptoms, caused by the negligence, mean that she can only work part-time or in a lower-paid job than prior to the birth of her baby, a compensation claim would include her loss of earnings.
Speak to a legal specialist
Glynns Solicitors is a dedicated medical negligence legal practice with a team of experienced lawyers and wealth of expertise in high-value obstetric injury claims.
Contact us today to speak to a solicitor, free of charge, about the possibility of making a claim if you are suffering the consequences of negligent maternity care.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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