Birth Injury Claims

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Pre and Post Natal Trauma – Birth Injury Claims.

The stress that is present in the labor room at delivery is clear and is understandable. A lot is at stake and the patient is understandably nervous. Its understandable as things can go wrong. However, there is a big difference between this stress and anxiety that follows an unsafe practice or procedure. The team around the mother should be calm and collected and they usually are. If there has been an error though, it frequently means that things spiral out of control. Fortunately, negligence in obstetric care is rare. Its just when it happens it can be devastating for both parents and for wider family as well as the child. Our members have dealt with multi-million pound compensation claims for hypoxic ischemic injury and consequential cerebral palsy. They have years of experience dealing with both cerebral palsy claims and other birth injury claims related issues such as meconium poisoning and with maternal issues such as perinatal tearing and blood loss. 

These claims often require massive amounts of funding and can have a roomful of experts giving very complex opinion. It is important that from day one you are not just happy but comfortable with the lawyer you have chosen to represent you, you may be working on these actions for many years. That is why we say, speak to one of our members , if you are hesistent or would prefer a female solicitor etc, then we can help, if we cannot accommodate you ourselves we will find you alternatives from among the Law Societies Clinical Panel. 

Vaginal / Perineal Tearing as Birth Injury Claims.

The area between the vaginal opening and the anus is called the perineum. It is tissue that is particularly open to damage during the birth process without any negligence but perhaps more so if the process uses instruments. In some cases, performing an incision may well prevent uncontrolled tearing (known as an episiotomy). Perineal tears are usually not predictable, however, there are precautions and there are ways of preventing small tears becoming larger. In some instances, it is still fair to say, the tear can be prevented.

What are the allegations that attach to these claims:

  • Not allowing for the risk of perineal tears and failing to advise the patient properly.
  • Failing to take steps to minimise the risk of tearing.
  • Failing to properly diagnose and repair a tear immediately post natally.
  • Delay in diagnosing a tear.
  • Failing to act on signs of infection or unusual symptoms.

Tel 01904-914-989 –

Categories of Vaginal and Perineal Tear

There are four degrees of perineal tears, ranging in level of severity and treatment.

  • First-degree tear – The most minor injury, which usually occurs and heals naturally. These are small, skin-deep tears that shouldn’t require any further treatment. It may be sore but is unlikely to cause any long-term problems.
  • Second-degree tear – More serious, second-degree tears extend further into the perineal tissue. They often involve perineum deep muscle , they usually require stitches for treatment.
  • Third-degree tear – The tear extends away from the vaginal wall towards the perineum and anal sphincter. You’ll be treated in an operating theatre in the same way as a fourth-degree tear.
  • Fourth-degree tear – The most severe. They extend into the, sphincter, anal canal and rectum, causing often double incontinence.

The amount of compensation will depend on your precise circumstances. As a general guide only you could consider the following:

  • £600,000 for a woman who suffered a third-degree tear, and developed psychological conditions.
  • £300,000 for a woman who suffered a fourth-degree tear during a forceps delivery.
  • £90,000 for a first-time mother whose doctor failed to repair a 3rd degree tear.

Funding a Birth Claim

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You Do Not Have To Go Through All Of This Alone…

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  • Free Claims Viability Assessment
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The Law Med Medical Panel is an unincorporated association its members are clinical negligence accredited specialists.

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