Episiotomy Negligence Claims
Episiotomies are a common recognised requirement of safe vaginal delivery, and the majority are carried out safely and correctly. However, if you have undergone an episiotomy during labour and suffered an injury because the procedure or repair was performed negligently, you may be in a position to make a compensation claim.
The team at JMW is highly experienced in claims of this type and we can give you the best chance of securing compensation to help you move on from your ordeal. We can guide you through the claims process, supporting you every step of the way so that you can claim the compensation you are owed while focusing on your recovery.
Get in touch with us today to find out more about making an episiotomy negligence claim. Call us on 0345 872 6666 or allow us to contact you by completing our online enquiry form. We can handle cases on a no win, no fee basis.
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How JMW Can Help
Our medical negligence solicitors have a long track record of successfully claiming compensation for those who have had their quality of life affected by mistakes during labour. We have many years of experience in representing mothers who have suffered as a result of medical negligence.
We handle cases of this kind sensitively and sympathetically, while ensuring we achieve the best possible result for your individual circumstance. We will provide all the guidance you need throughout what can seem like a complex process.
JMW’s clinical negligence team is renowned throughout the country and is headed by leading solicitor Eddie Jones. The team includes members of both the Law Society’s specialist panel of clinical negligence solicitors and the Action against Medical Accidents (AvMA) solicitor panel. Making a medical negligence claim can help people who have experienced birth injuries to understand their options and take steps towards rebuilding their lives.
Meet Our Team of Medical Negligence Experts
The medical negligence solicitors at JMW are among the most respected in the UK thanks to their professional and proactive approach.
What is an episiotomy?
An episiotomy is a surgical procedure carried out during labour to assist with the delivery of a baby. It is a surgical incision through the perineum to enlarge the vaginal opening. The obstetrician or midwife will carry out this procedure if they believe the mother is at risk of a vaginal tear, which can be more difficult to repair and can also cause damage to the anal sphincter. Your doctor or midwife may also recommend the procedure if they believe the baby needs to be delivered quickly in order to reduce imminent risk to the baby’s health.
After the baby has been born, the cut or tear is then stitched, usually with dissolving stitches, and should heal within one month. Like most surgical procedures, certain risks are involved and sometimes there is a failure to fully repair the incision.
Often it is not the episiotomy itself that is poorly performed but the repair. If there is a failure to recognise how far the episiotomy extends then sometimes it is only repaired superficially and the layers at the back are not repaired and can cause problems like fistulas which are connections between the bladder and the bowel.
Making a Claim for Episiotomy Negligence
An episiotomy should always be performed with due care and attention, but if the medical professional does not provide an acceptable standard of care, they may be deemed to have acted negligently. There are a number of reasons as to why this might happen, including if:
- Internal damage was caused by the incision
- A blunt instrument was used instead of a sharp instrument
- The cut was made straight downwards instead of a small, diagonal cut
- The procedure was not required
- The episiotomy was not repaired properly resulting in a fistula
Following the procedure, any damage caused by the episiotomy must be identified and repaired immediately, usually using dissolvable stitches. However, sometimes this repair work is carried out incorrectly and can result in serious consequences for the patient, including sexual dysfunction and pain.
In these cases, it is often possible to claim compensation for your injuries. Any damage to the vaginal tissue, perineal skin or anal sphincter can have serious, long-term consequences, but especially if it is not addressed urgently.
FAQs About Episiotomy Negligence Claims
- What problems can occur during an episiotomy?
An episiotomy is a surgical cut made by a midwife or doctor in the perineum (the area between the vagina and the anus) to help deliver a baby. Unfortunately, complications can occur during episiotomies and, if an injury is caused by negligent treatment, it may be possible to make a compensation claim. Problems that could potentially lead to injuries include:
- Poor technique: If the incision is made incorrectly (for example, at the wrong angle or depth), it can damage the perineal muscles, nerves or the anal sphincter. This can lead to:
- Loss of bowel control (anal incontinence)
- Severe pain
- Difficulty healing
- Failure to repair the episiotomy properly: After birth, the episiotomy wound must be stitched carefully. If the repair is done poorly or not at all, it can cause:
- Fistulas
- Infection
- Wound breakdown
- Severe scarring
- Pain during sexual intercourse
- Incontinence
- Failure to recognise or treat complications: Doctors should monitor for problems during your recovery from a perineal opening. Delayed diagnosis or treatment of infection or wound breakdown may worsen the injury.
- Misdiagnosis of a more severe tear: Sometimes, what looks like an episiotomy is actually a third- or fourth-degree tear involving the anal sphincter or rectum. If this is missed and not repaired correctly, it can have life-changing consequences, including incontinence and nerve damage. A third-degree tear extends from the perineum to the anus, while a fourth-degree tear includes a tear into the rectal mucosa and anal canal.
- Failure to obtain informed consent: Before an episiotomy, the healthcare professional obtain the patient's consent and, if they do not, this could constitute negligence. Obtaining consent means explaining:
- Why the surgery is being recommended
- What the risks and benefits are
- What the alternatives are (for example, allowing a natural perineal tear to occur)
The symptoms of a perineal tear or episiotomy performed incorrectly can be long-lasting and severe when medical negligence is to blame. Other symptoms can include:
- Postoperative pain
- Severe bruising
- The tear being too long and damaging the anal sphincter
- Infections
- Foetal distress
If you sustain an injury like this during a vaginal birth due to mistakes by a doctor, midwife or other medical practitioners, speak to the team at JMW for advice on whether a compensation claim may be possible.
- How can a compensation claim help after a vaginal birth or episiotomy injury?
Episiotomy injuries caused by medical negligence can have long-lasting effects on your health and daily life. Compensation is designed to cover any costs associated with your injury - ranging from medical expenses to travel costs - and the pain and suffering an injury causes. This means that compensation can fund private physiotherapy, pain management, psychological support, or specialist continence care that may not be readily available on the NHS. This is just one way in which compensation can help you to move forward after an injury, maximise your recovery and adjust to any new circumstances.
If your injury has meant taking time off work, reducing your hours, or stopping work altogether, compensation can replace lost earnings for the time you were off, and your projected future earnings had you not been injured.
Some injuries, such as severe perineal tears or nerve damage, can cause lifelong symptoms. A claim can make sure you have the resources you will need to manage those challenges in the future. For example, it can pay for adaptations to your home if you experience ongoing problems with mobility or continence as a result of a third or fourth-degree tear.
Every case is unique, and the compensation you will receive reflects your personal circumstances and the specific harm caused. Working with an experienced solicitor is the best way to maximise the compensation you receive. The team at JMW will consider all of the specifics relevant to the whole process to secure the maximum amount of compensation for you.
Talk to Us
To discuss your options and find out more about claiming compensation for a third or fourth-degree tear, or any other episiotomy wound or injury, contact JMW today. Call our team on 0345 872 6666, or allow us to give you a call back by completing our online enquiry form.
