Birth Tear Diagnosis Negligence and How to Claim Compensation
An accurate diagnosis of a vaginal birth tear is absolutely essential. Failings by maternity professionals could justify a claim for compensation.
Failures of diagnosis
A failure of diagnosis in relation to a vaginal childbirth tear could happen or a variety of reasons:
- Although the royal College of Obstetricians and Gynaecologists recommend that every woman who has given birth through the vagina should receive a perineal and digital rectal examination following the delivery of the baby, this does not always happen. A failure to carry out such an examination will inevitably mean that a severe injury could be missed
- A maternity professional may carry out the necessary examinations but fail to recognise that an injury has occurred to the anal sphincter, meaning that a repair will not be undertaken
- An injury to the anal sphincter may be identified but not correctly diagnosed. Maternity injuries affecting the anal sphincter (otherwise referred to as OASI) vary in extent and severity. A correct diagnosis is crucial. Tears are defined as either a 3a, 3b, 3c or 4th degree tear and if a greater injury such as a 4th degree tear is misdiagnosed as a 3a tear, for example, then it is likely that a significant part of the injury will not be repaired, leaving the new mother to struggle with disabling symptoms.
The right to compensation
If medical care, including maternity care, falls below an acceptable standard, causing an individual to suffer harm, then it is legally possible to make a claim for compensation.
Examples of negligence such as those above could mean that the new mother suffers a lifetime of incontinence of both wind and faeces, affecting her ability to work, her self-confidence, her ability to support the development of her baby as well as her ability to engage in a wide variety of activities and tasks.
The impact on her quality of life and that of her child can be significant.
The associated financial losses and additional costs, if, for example, she is unable to work or she requires specialist treatment, can be considerable.
If such a distressing outcome is found to have been the result of negligent maternity care, then it may be appropriate to make a claim for compensation to help address those financial challenges.
Free legal advice from a specialist
Glynns Solicitors is a dedicated medical negligence legal practice with a team of experienced lawyers and extensive expertise in severe birth tear cases.
Contact us today to talk to a solicitor, free of charge, about the possibility of making a claim if you are struggling with the symptoms of a missed birth tear.
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.
Make An Enquiry
Why Choose Us
- Specialist medical negligence solicitors
- Free initial enquiries
- No win, no fee available
Reviews
Our Expertise
Helping Clients Across England & Wales
