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Compensation for Maternal Birth Trauma Misdiagnosis

Compensation for Maternal Birth Trauma Misdiagnosis

A misdiagnosis of maternal birth trauma can cause permanent, distressing and debilitating damage to a new mother. It may also justify a claim for compensation.

Maternal birth trauma

Maternal birth trauma is a description for the damage which can occur to a woman's perineum and anal muscles during vaginal childbirth.

As the perineum comes under pressure during the birth, the perineum can tear and, in around 5% of cases, the tear will continue across the perineum to the anus. At this point, it may either damage only the external muscle or it may continue into the anus, damaging both the internal anal sphincter muscle and, in some cases, the lining of the anal canal.

The difference between purely perineal damage and the type of injury caused to the anal muscles is significant. Damage to the perineum alone may cause pain and discomfort but it will not cause leakage of wind or faeces from the bowel. Damage to the anal sphincter will cause some degree of bowel difficulty. This may be in the form of extreme urgency or it may as severe as double incontinence of both wind and faeces.

Where a 4th degree tear has caused the development of a rectovaginal fistula or hole, it may cause uncontrolled leakage from the vagina.

Identifying the correct degree of trauma

In order to avoid this appalling and life-changing outcome, it is essential that any damage to the perineum and anus is correctly diagnosed shortly after the birth of a baby. This will trigger the correct type of repair.

A failure to examine or a misdiagnosis would be regarded as substandard care. If a 4rd or 4th degree tear, what are regarded as severe tears, is misdiagnosed as a 2nd degree tear, the relevant medical professional could be regarded as negligent. Likewise, if a 3c tear which damages the interior muscle is misdiagnosed as a 3a tear, which does not, the medical practitioner responsible for the misdiagnosis may be seen as negligent.

Claiming compensation

If a medical practitioner has misdiagnosed a severe tear, leaving a woman with permanent and disabling symptoms, it may be appropriate to make a clainm for compensation.

A successful claim would take into account any financial losses such as loss of income due to the impact of the bowel dysfunction caused by the negligence.

Speak to a solicitor

If you are facing the appalling symptoms and long-term impact of bowel dysfunction due to poor-quality medical maternity care, contact Glynns Solicitors.

As specialists in medical negligence compensation, we have considerable expertise in birth trauma claims and are ideally placed to advise you as to the best way forward and the suitability of making a claim.

Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.

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