When Should I Make a Claim for An OASI?
A negligent severe perineal tear during childbirth may justify a claim for compensation. When would this be appropriate?
An OASI is an obstetric anal sphincter injury. In simpler terms, it is a severe perineal tear which occurs during vaginal childbirth and which damages the muscles which control the bowel.
There are two parts to this question:
- When would it be appropriate to make a claim for a severe perineal tear?
- What is the timing involved in making a claim for a birth tear?
When is it appropriate to make a claim for an OASI?
Birth tears, including severe 3rd and 4th degree tears, are a risk of vaginal childbirth. This is particularly the case when a woman is giving birth for the first time or is carrying a larger than average baby. It is also more likely for women of Asian ethnicity or when an instrumental delivery has been necessary. A severe birth tear is not necessarily a sign of medical negligence.
However, the medical professionals who attended the birth of your baby may be regarded as negligent if they failed to diagnose your severe tear. It is essential that all women who have undergone a vaginal delivery are thoroughly examined following the birth and any damage is accurately diagnosed.
If a failure to diagnose or repair your severe birth tear has led to you experiencing on-going and debilitating bowel problems, it may be appropriate to make a claim. A successful compensation claim can address any financial losses you may have suffered such as a reduced income due to restricted employment options.
When is the best time to start a claim?
Legal limitations mean that claims for compensation for medical negligence have to be initiated within three years of the time of the medical negligence. This would generally mean within three years of the birth of your baby. However, if you did not realise that you had suffered an undiagnosed or unrepaired severe tear until a later date, it may be possible to postpone this date.
Claiming compensation
The impact of an undiagnosed 3rd or 4th degree tear can be pretty devastating, affecting a woman physically, emotionally and financially. Many women feel both embarrassed and isolated by their experience and their symptoms.
A successful claim can help a woman to cope with some of the difficulties which have been caused by the negligent care of her perineum following the birth of her baby.
Speak to a solicitor
Glynns Solicitors is a specialist medical negligence legal practice with extensive expertise in perineal tear compensation.
Contact us today if you or a loved one are struggling with the impact of an unrepaired OASI.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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