3rd Degree Childbirth Tear and Claiming Compensation
A 3rd degree 'childbirth' tear is an injury that can occasionally affect the mother during vaginal childbirth. It is more likely to occur to a first-time mother or a woman who has required an instrumental delivery.
A 3rd degree tear
A 3rd degree tear is so-called to distinguish it from other vaginal, perineal or anal tears which are classified as 1st, 2nd and 4th degree tears.
A 3rd degree tear, like a 4th degree tear, is regarded as a severe tear because it causes damage to the anal sphincter, the muscles which control bowel movement. Without meticulous assessment, accurate diagnosis and a prompt, skilled repair, it can cause permanent damage and loss of continence. A woman may find that she is no longer able to control when she releases wind and faeces.
If a woman suffers on-going symptoms and debilitating effects following a 3rd or 4th degree tear, it is possible that she has not been correctly diagnosed or that she has not received an effective repair. In these circumstances, it may be possible to make a claim for compensation.
Negligent maternity care
The best way to ensure that new mothers do not suffer long-term bowel dysfunction is for the medical professionals who are present at the baby's birth to carry out a thorough examination of the woman's perineum following the birth. This should identify any signs of damage to the perineum and anal sphincter muscles and should trigger an appropriate repair. In the case of 3rd and 4th degree tears, a surgical repair by an experienced surgeon needs to be carried out in an operating theatre.
A failure to carry out an examination or a failure to diagnose any damage accurately may be regarded as negligent.
Claiming compensation for negligent medical care
If an individual suffers a worse outcome from medical and maternity care than should have been the case with an appropriate standard of care, they are legally entitled to make a claim for compensation.
A woman who is experiencing incontinence of wind and faeces may find that her life has been affected in a variety of distressing ways. As well as the social and practical impact, she may find that her capacity to earn a living has been restricted by her bowel symptoms.
If she suffers financial losses such as a reduced income due to substandard maternity care, this would be included in a claim for compensation.
Speak to a solicitor
If you or a loved one are struggling with the appalling impact of a 3rd degree tear due to negligent medical care, contact Glynns Solicitors, specialists in medical negligence compensation. It may be appropriate to make a claim for compensation.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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