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Compensation for Perineal Tear Misdiagnosis

Compensation for Perineal Tear Misdiagnosis

Misdiagnosis of a severe perineal tear could be regarded as negligent and may justify a claim for compensation if the new mother suffers debilitating symptoms as a result.

Misdiagnosis of perineal damage during childbirth

A perineal tear during vaginal childbirth can cause varying degrees of damage. It may only affect the skin around the vagina and heal easily. However, it can also cause damage from the vagina, across the perineum, through the anal muscles and into the anal canal. These muscles control the passing of wind and faeces and damage to them, especially where it goes undiagnosed, can be life-changing and devastating.

A misdiagnosis of a severe tear ( a 3rd or 4th degree tear) as a lesser tear (a 1st or 2nd degree tear) can leave a woman with permanent incontinence. It is not a simple mistake. Women giving birth through the vagina should be examined carefully following the birth of the baby in order to check if the new mother has experienced any such damage. A failure to carry out a meticulous assessment, leading to a misdiagnosis of severe trauma, can be life-changing and may well justify a claim for compensation.

A thorough assessment would include a digital rectal examination. This is where the medical practitioner assesses the condition of the anal muscles and if this does not take place, it is unlikely that any damage will be observed.

Failing to repair anal damage

A severe tear needs to be repaired by a skilled surgeon in an operating theatre. It is a complicated procedure on which the future continence of the new mother depends. If the woman's anal damage is not diagnosed, however, such an operation will not take place and she will suffer symptoms in the long-term.

Claiming compensation for medical negligence

A successful compensation claim can provide recompense for the effects of the negligence which the woman would not otherwise have suffered. For example, if she finds that she is no longer able to work in the job she had previously held, due to her bowel problems, a successful claim should be able to compensate her for her income losses.

Legal advice

Medical negligence compensation claims need the support of a specialist lawyer. If you or a loved one are struggling with the appalling, long-term impact of a misdiagnosed severe birth tear, contact us here at Glynns Solicitors. We are a specialist medical negligence compensation legal practice with a team of experienced solicitors, one of whom will be very happy to talk to you.

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