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Obstetric Perineal Injury and When to Claim Compensation

Negligent Birth Tear Compensation ClaimsIn most cases, an injury to the perineum during vaginal childbirth will heal promptly. Occasionally, however, a more severe injury may occur, demanding timely, accurate and competent medical care. Without his, the new mother may suffer permanent disability and be justified in making a claim for compensation.

Perineal tears during vaginal childbirth

The vast majority of childbirth perineal tears are classified as either 1st or 23nd degree tears where the damage is limited to the skin and muscle around the vagina and across the perineum.

More severe tears, known as 3rd and 4th degree tears are a different matter.

3rd degree tears cause damage to the anal sphincter. This may be restricted to the external muscle or it may affect both external and internal muscles. 4th degree tears additionally damage the lining of the anal canal. All degrees of injury will compromise a woman's ability to control the passing of wind and faeces. Without an effective repair, a 4th degree tear may even result in leakage from the vagina and the need for a stoma to be fitted to provide bowel function.

Medical negligence and claiming compensation

Competent medical care is essential. Any failings in the quality of a woman's care may contribute to a poor long-term outcome. Examples of maternity failings which may result in an unrepaired or poorly repaired 3rd or 4th degree tear could include the following:

  • A failure to carry out a thorough examination of the woman's perineum and anal sphincter following the birth of her baby
  • A failure to recognise that the new mother has suffered an injury to her anal muscles
  • A misdiagnosis of damage to the anal muscles, resulting in only a partial repair or no repair at all
  • An inadequate repair in either technique or materials, resulting in a breakdown of the repair or where part of the injury is missed

If medical negligence has caused a woman to suffer difficulties such as a loss of income or having to pay for treatment or equipment, it should be possible to recover these financial losses.

Speak to a legal specialist

Glynns Solicitors speaks to clients who are suffering this distressing situation on a daily basis. Over the years, we have supported numerous women in making compensation claims for substandard maternity care and fully understand the distressing impact which an unrepaired tear can cause in a woman's life.

Contact us today to speak to a solicitor, free of charge, about the possibility of 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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