Bowel Injury and Compensation for Maternity Negligence
Compensation for the effects of a bowel injury during vaginal childbirth may be appropriate if maternity staff have not responded competently.
Negligent bowel damage in maternity
An injury which affects bowel function is never going to be good news. When such an injury occurs during vaginal childbirth, it is essential that the relevant maternity professionals attending the birth both ensure that the injury is identified and that it is effectively repaired as soon as possible.
Without an accurate, competent and timely medical response, the new mother may be discharged from hospital with the beginning of permanent bowel dysfunction. If the muscles which control the passing of wind and faeces have been damaged, her symptoms are likely to include leakage or incontinence. If a 4th degree tear has led to a fistula, the new mother's symptoms may be even worse, including leakage from the vagina and the need for a stoma to be fitted.
Medical professionals who allow this situation to develop through their lack of knowledge or incompetence may be regarded as having been negligent in the quality of their care. The new mother may be entitled to make a claim for compensation which would address the appalling consequences of the loss of bowel function.
Negligent maternity care of the perineum
Perineal tears are a risk of vaginal childbirth. Severe tears only affect a minority of women but their impact can be utterly devastating and life-changing, and maternity professionals should ensure that any damage is diagnosed.
Failings in maternity care which may instead leave a new mother with permanent disability could include the following:
- A failure to carry out a digital rectal examination of a new mother shortly after the birth of her baby, a procedure which is regarded as essential for all women who have given birth through the vagina
- A failure to identify an injury to the anal sphincter, the muscles around the anus
- A misdiagnosis of an injury to the anal sphincter such as diagnosing a 3c tear as a lesser 3a tear
Making a claim for compensation
On-going bowel symptoms due to a severe birth tear can reduce a woman's ability to work and to carry out a wide range of normal, daily tasks. She may also require on-going specialist treatment and equipment to help her manage her symptoms.
The financial losses caused by her injury could be included in a successful claim for compensation for medical negligence.
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