Severe Birth Tear Misdiagnosis and How to Claim Compensation
The impact of a severe birth tear can be devastating if a new mother does not receive a competent level of post-natal care.
What is a severe birth tear?
Many women suffer a tear to the perineum during vagina childbirth. Thankfully, far fewer suffer a severe tear. Otherwise referred to as OASI, or 3rd and 4th degree tears, a severe tear is one which causes damage to the muscles around the anus. This is described as severe not only because of the extent of the tear and the need for a surgical repair in an operating theatre, but because of the nature of the symptoms which the tear can cause.
Without a comprehensive and effective repair, 3rd and 4th degree tears cause a reduction in function of the anal muscles, leading to some degree of loss of control of the passing of both wind and faeces.
For a new mother, this is highly distressing, causing significant practical, hygiene, social and possibly employment problems.
Dealing with such appalling symptoms when one has just given birth and is trying to provide support to a new baby can be an overwhelming challenge.
Competent care and medical negligence
As a known risk of vaginal childbirth, competent and timely management of a severe birth tear is absolutely crucial.
Every new mother who gives birth in this way should undergo a digital rectal examination following the birth to check for such severe damage. If this does not happen, a tear may be missed, the new mother may suffer permanent symptoms and a claim for compensation may be an appropriate way forward.
Additionally, a failure to identify that an injury has occurred and a misdiagnosis of a severe birth tear can also be regarded as negligent care, putting the new other at risk of not receiving a repair.
A misdiagnosis may be diagnosing a 4th degree tear as a 3rd degree tear, for example, or identifying a 3c tear as a lesser 3a tear.
Making a claim for compensation
A successful compensation claim will take account of the new mother's financial losses that have been caused by the negligence. This may include a loss of income if she now struggles to work as well as the costs of specialist treatment or equipment necessitated by her symptoms.
Speak to a legal specialist
Glynns Solicitors is a 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 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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