Injury to the Anal Sphincter during childbirth leads to faecal urgency and incontinence
The injury
After an uneventful pregnancy, Miss X, aged 31, was admitted to hospital. She was 6 days overdue. She had delivery by forceps. Due to negligence, she suffered a fourth-degree tear or an obstetric anal sphincter injury (“OASI”).
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The effects of maternity negligence (negligence that refers to substandard care provided to a mother or her baby during pregnancy, delivery, or the postpartum period) can be devastating. Physically, it can result in long-term conditions, such as varying degrees of bladder and / or bowel incontinence and, psychologically, it can have long-lasting impacts including PTSD, anxiety and postnatal depression.
A compensation claim can also be the most appropriate way to get an explanation and answers about maternity care and to seek accountability, an apology and to ensure lessons are learned to prevent further harm.
Our team of legal experts specialise in maternity claims. We understand that maternity injuries are very personal, intimate and emotional and we will take the time to listen to you and will discuss and deal with your claim with you in a sensitive and supportive way.
A successful maternity negligence claim can ensure that where there is lasting injury there is access to the best support. Compensation can pay for medical treatment and therapy, and we can help secure interim payments to access these treatments and therapy straightaway.
What Happened?
Miss X, aged 31, suffered pain and incontinence after the delivery of her baby. She was told that this was caused by haemorrhoids and despite further physical examination the sphincter injury was missed.
Over the following 12 months Miss X suffered diarrhoea, stomach cramps and blood in her stool. She went to her GP for investigations, but the results came back as “normal” and no further action was taken. Eventually her GP referred her to a urogynaecologist and then a colorectal surgeon and Miss X’s injury was finally diagnosed 15 months later.
What Is OASI
OASI is an obstetric anal sphincter injury.
An OASI can extend down from the vaginal wall and backwards through the perineum to the muscle that controls the back passage (anal sphincter). There are varying degrees of injury (tears). Miss X sustained a fourth-degree tear which meant that there was a complete tear of the anal sphincter externally and internally (involving the bowel lining).
Our investigation
Following a review of Miss X’s medical records and having instructed a colorectal surgeon to give their opinion, our investigations confirmed that there had been a negligent failure to identify and repair the fourth-degree tear.
Because of this failure, Miss X suffers from significant incontinence. This has had a devastating effect on her life, both physically and psychologically. She has had invasive investigations, surgeries and therapies and can no longer work full time. She may require future surgeries and her incontinence will likely worsen with age.
Our investigations confirmed that had the appropriate repair been performed, Miss X would have avoided the permanent faecal urgency and incontinence.
Concerned about an injury during labour or childbirth?
How can MDS help you?
While no amount of compensation will ever be enough if you or a family member loses a limb, MDS can help you to ensure you recover what you are entitled to.
If you or a family member has or a loved one has been affected by healthcare negligence, we can help you through the legal process for investigating your concerns against a healthcare professional and your negligence claim if there is one.
We will do this by providing legal representation on a no-win-no-fee basis to investigate what happened, help you get some answers, help you secure compensation, help seek justice for you and help to secure your or your loved one’s future.
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The outcome for our client
After 5 years of negotiations the Trust admitted liability and settled our client’s damages claim for a six-figure sum.
Whilst no amount of money saves Miss X from the ordeal she has been through, settlement gives her some financial support for the pain and suffering, loss of earnings, other past losses and future losses.
Disclaimer
Whilst our case studies are designed to give an indication of the outcomes that can be achieved in these circumstances, the compensation awarded in individual cases can vary significantly due to a range of factors, including the severity of injury, effects on life expectancy and financial impact, for example. For more information, contact us today.
Our Approach
We will support you, guide you and be your voice throughout.
If you are concerned about the medical treatment that you or a loved one has received, please contact us and one of our specialist team will assist you.
