4th Degree Tear Claims
A fourth degree tear can cause serious and lasting problems, particularly if the injury is not identified and repaired correctly following childbirth.
Sustaining a fourth degree tear does not automatically mean that negligent care was provided. However, it may be possible to make a medical negligence claim if the tear was missed, incorrectly diagnosed, inadequately repaired or made worse by substandard maternity care.
Glynns Solicitors specialises in medical negligence claims and has extensive experience of helping women affected by severe third and fourth degree tears.
When Can You Claim For A 4th Degree Tear?
A claim may be possible when the medical treatment provided fell below an acceptable standard and this caused additional pain, injury or lasting problems.
Examples can include:
- Failure to carry out an appropriate examination following the birth;
- Failure to diagnose the fourth degree tear;
- Incorrectly classifying the injury as a less serious tear;
- Failure to arrange a prompt surgical repair;
- An inadequately performed repair;
- Failure to identify that the repair had broken down; or
- Failure to respond appropriately to known risk factors during labour.
Failure To Diagnose A Fourth Degree Tear
Following a vaginal birth, the mother should be examined for signs of perineal and anal sphincter damage. This should include a digital rectal examination.
If the examination is not performed, or the injury is missed during the examination, the mother may be discharged without receiving the treatment she needs. She may then begin to experience pain, faecal urgency, difficulty controlling wind or faecal incontinence.
Although the subsequent symptoms may eventually lead to the correct diagnosis, repairing the injury after a significant delay can be more difficult and may not produce the same outcome as a prompt primary repair.
Incorrect Diagnosis Of The Tear
A fourth degree tear can sometimes be mistaken for a first or second degree tear. This is significant because less serious tears can be repaired in the delivery suite, whereas a third or fourth degree tear should be repaired in an operating theatre by an appropriately qualified surgeon.
If the full extent of the injury is not recognised, part of the defect may remain untreated and continuing bowel problems may develop.
Negligent Repair Of A Fourth Degree Tear
Once diagnosed, a fourth degree tear should be repaired in a well-lit operating theatre by a suitably qualified and experienced surgeon. Appropriate pain relief or anaesthetic should be provided and the wound should be closed using dissolvable stitches.
The mother should also receive appropriate medication, advice about managing the wound and follow-up care.
If the entire defect is not repaired, or if the wound subsequently breaks down and this is not properly addressed, the mother may continue to experience faecal urgency, bowel incontinence and difficulty controlling wind. Further treatment, including a secondary repair, may be necessary, although a complete recovery is not always possible.
Could The Tear Have Been Prevented?
Fourth degree tears are a recognised risk of vaginal childbirth and cannot always be prevented. Nevertheless, the medical team should consider factors that may increase the risk, including:
- A larger than average baby;
- A prolonged second stage of labour;
- A first vaginal delivery;
- The baby’s shoulder becoming stuck; and
- The need for an assisted delivery.
In some circumstances, concerns may arise if the risks were apparent but were not properly considered or acted upon. Each case must be assessed according to the individual circumstances and the medical care that was provided.
What Problems Can A Fourth Degree Tear Cause?
A missed or poorly repaired fourth degree tear can leave the mother with a defect affecting the perineum and anal sphincter muscles. The resulting symptoms may include:
- Faecal urgency;
- Difficulty deferring a bowel movement;
- Faecal incontinence or leakage;
- Difficulty controlling wind;
- Perineal pain;
- Pain during sexual intercourse; and
- Urinary incontinence.
These symptoms can be extremely distressing. They may affect a woman’s confidence, relationships, social life and ability to work. Some women also experience anxiety, depression and understandable concerns about future pregnancies and deliveries.
Free initial claim assessment
Think medical treatment may have caused avoidable harm?
Tell our specialist medical negligence team what happened. We will review the initial information and explain whether we may be able to help.
- Tell us what treatment you received and what you believe went wrong
- We assess the initial circumstances
- We explain whether further investigation may be appropriate
Your initial enquiry is free. No Win No Fee funding may be available.
What happens when you contact us?
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1
Tell us what happened
Call us or complete the short enquiry form with a brief outline of the treatment you received and the harm caused.
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2
We assess the circumstances
A member of our specialist team will review the initial details and may ask you for some further information.
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3
We explain your options
We will explain whether we may be able to help, the possible next steps and any funding options relevant to your enquiry.
Worried about making a claim?
“Taking on the NHS is a daunting business… I was always treated with patience and understanding… helped to put my mind at rest.”
What Can A Compensation Claim Cover?
A successful medical negligence claim can provide compensation for the pain and suffering caused by the injury. It can also take account of associated financial losses, including loss of earnings where the symptoms have affected the woman’s ability to continue working or have required her to reduce her hours.
The purpose of the claim is to recognise the additional harm caused by the negligent care rather than the occurrence of the tear alone.
How Can Glynns Solicitors Help?
Glynns Solicitors is a specialist medical negligence firm. We understand that the symptoms associated with a fourth degree tear can be embarrassing and extremely difficult to discuss. Your enquiry will be handled sensitively by a member of our experienced team.
We can consider the circumstances of the birth, the examination that followed, the diagnosis and the quality of any surgical repair. We will then explain whether further investigation may be appropriate and what your options could be.
Your initial enquiry is free and No Win No Fee funding may be available.
Speak To A Specialist Medical Negligence Solicitor
If you are experiencing lasting problems following a missed or inadequately repaired fourth degree tear, contact Glynns Solicitors to discuss what happened.
Please call us free on 0800 234 3300 or complete our online enquiry form.
For an explanation of the injury, its causes and its treatment, please read our guide to fourth degree tears.
Can We Help You With A Medical Negligence Enquiry?
Early legal assistance can be vital so please contact us if you would like to discuss your situation. Please call us free on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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