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Can I Get Compensation for an Unrepaired Birth Tear?

Can I Get Compensation for an Unrepaired Birth Tear?

If you are suffering significant and on-going bowel problems due to an unrepaired perineal tear, it may well be appropriate to make a claim for compensation. This can take into account any financial losses you have experienced as a result of your poor-quality medical care.

Severe birth tears

If you have experienced a perineal tear during vaginal childbirth, it is essential that you receive the correct medical treatment. If your tear is an obstetric anal sphincter injury, often referred to as 3rd or 4th degree tears, this should involve a surgical repair by an experienced surgeon shortly after the birth of your baby.

Severe birth tears cause damage to the anal sphincter, the muscles which control the bowel and a failure to diagnose and repair such an injury can leave a new mother with permanent incontinence.

The loss of function of the bowel muscles means losing the ability to prevent the passing of both faeces and wind, potentially causing life-changing and permanent effects.

Medical treatment of severe tears

If a severe 3rd or 4th degree birth tear has not been repaired, it might suggest that the new mother did not receive the appropriate attention and examinations at the time of the birth.

It is essential that a new mother who has given birth vaginally undergoes a thorough examination following the birth of her baby. This should include a digital, rectal examination to ensure that any damage to the anal sphincter is not missed.

If such a serious injury is missed, the relevant medical professionals may be regarded as having provided only substandard care.

Alternatively, it may be that an examination took place but that part of the injury was missed. It is not uncommon for a woman to receive a diagnosis of a 2nd degree tear, which does not affect her bowel muscles, when she has, in fact, suffered a 3rd or 4th degree tear. This can lead to a failure to arrange a surgical repair, leaving the woman with long-term bowel symptoms.

Claiming compensation

A severe anal sphincter injury can restrict a woman's capacity to work and earn a living.

If such a shocking outcome is due to poor medical care, it might be appropriate to make a claim for compensation.

Legal advice

Here at Glynns we have supported numerous women in making highly-successful claims for the impact of poor perineal care following childbirth.

Contact us today to speak with a specialist medical negligence solicitor about the suitability 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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