3rd Degree Tear Compensation
Find out if you are entitled to 3rd degree tear compensation by contacting our team of solicitors today. We specialise in medical negligence compensation claims and have particular expertise in perineal tear claims.
Can I get 3rd degree tear compensation?
If you had a 3rd degree tear, are you entitled to compensation?
Generally speaking you will not be entitled to compensation just for sustaining a 3rd degree tear. It is of course a horrible injury, but it is not necessarily negligent. In fact, 3rd and 4th degree tears affect around 9% of women giving birth in the UK every year, so it is an accepted risk of childbirth.
But what will amount to negligence is if medical practitioners:
- Contribute towards the occurrence of a 3rd degree tear through negligent practice – e.g. a midline episiotomy
- Fail to diagnose a 3rd degree tear
- Fail to diagnose the correct grade of 3rd degree tear – i.e. 3a,3b or 3c
- Fail to perform an adequate repair
- Fail to diagnose and treat complications that contribute towards the breakdown of the wound – e.g. infection
What you need to prove to make a claim
The above examples amount to medical negligence because there has been a breach of duty, and this has caused the patient unnecessary harm.
All medical practitioners owe their patients a duty of care, which means they must provide a reasonable standard of care at all times. Mistakes such as failing to diagnose a 3rd degree tear does not amount to a reasonable standard of care. There has, therefore, been a breach of duty.
When there has been a breach of duty, it is necessary to establish whether or not it has caused the patient to suffer harm that would otherwise have been avoided. This is called causation.
It will not always be possible to prove causation. For example, if a cancer diagnosis is delayed by one month, it could be argued that the tumour has not grown in this time so the patient remains in exactly the same position.
But with a 3rd degree tear, it is likely that the patient has developing complications that would have been avoided with better medical care. Most commonly, the patient will develop symptoms of faecal urgency and incontinence because of the failings, which would not have happened if the tear had been diagnosed (for instance).
Contact us
When you contact us, we will listen to the details of your care before suggesting whether there has been a breach of duty, and whether this has caused avoided harm.
If we believe there is a case of negligence we will investigate your claim further, working to get the compensation you deserve.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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