Childbirth Bowel Tear and Claiming Compensation
A tear to the anal muscles, leaving a new mother with bowel problems, may be the result of substandard maternity care and may justify a claim for compensation. Speak to a legal specialist as soon as possible.
What is a childbirth bowel tear?
Severe birth tears are referred to in a variety of ways which might seem confusing. Injuries during vaginal childbirth which tear the vagina, perineum and the muscles around the anus can be called 3rd and 4th degree tears, severe perineal tears and obstetric anal sphincter injuries (OASI).
These appalling injuries may only occur to a minority of women but they can be utterly devastating in their impact.
Medical professionals involved with maternity care should be aware of the risk of these shocking injuries, especially for new mothers and women requiring an instrumental delivery, and ensure that all necessary procedures are undertaken to prevent and manage any tears.
If these injuries are not repaired shortly after the birth of the baby, the new mother is likely to suffer extremely distressing bowel symptoms, such as leakage of both wind and faeces, possibly permanently.
The right to compensation
If an individual suffers due to negligent medical care, they are legally entitled to claim compensation.
Where severe birth tears are concerned, negligence leading to a failure to repair an injury could include the following:
- A failure to carry out an examination of the new mother's perineum following the birth including a digital rectal examination
- A failure to identify that any damage to the anal muscles has occurred
- A misdiagnosis of an anal sphincter injury, such as identifying a 3c tear as a 3a tear
- A failure to carry out an effective and comprehensive repair
A successful compensation claim recognises the pain and suffering of the individual involved but also takes account of any financial impact caused by the negligence.
For example, a woman with a 3rd or 4th degree tear may struggle to work and this can cause a dramatic reduction in her income. Where this outcome is due to the negligent care, the lost income would be included in the claim.
If she needed specialist treatment in order to manage her bowel symptoms, which would not have been the case had the injury been effectively diagnosed and repaired, the cost of the treatment would be included in the claim.
Speak to a legal specialist
Glynns Solicitors is a dedicated medical negligence legal practice with a team of experienced lawyers and extensive expertise in birth tear claims.
Contact us today to talk to a solicitor, free of charge, about making a claim.
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.
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