3rd Degree Tear Mismanagement and How to Claim Compensation
The appropriate medical management of a 3rd degree tear has been made clear by the Royal College of Obstetricians and Gynaecologists. If failings in the quality of care leave a new mother struggling with incontinence, it may be possible to make a claim for compensation.
Competent anal sphincter care following vaginal childbirth
- If a woman requires an instrumental delivery, it is recommended that a medio-lateral episiotomy is carried out to minimise the risk of a 3rd or 4th degree tear
- Every woman who gives birth through the vagina should undergo a thorough perineal examination following the birth of her baby, including a digital rectal examination
- Any damage to the anal sphincter should be accurately and fully identified according to the appropriate classification as a 3a, 3b, 3c or 4th degree tear
- Where necessary, a full and effective repair should be carried out by an experienced surgeon in an operating theatre
A failure of maternity care can leave the new mother without a diagnosis, with a misdiagnosis or with an ineffective repair.
All of these may be regarded as negligent and it may be possible to make a claim for compensation for the financial consequences.
3rd degree tear damage
A 3rd degree tear damages the muscles which control the passing of wind and faeces.
Without a repair, such an injury will mean that the new mother will start to experience symptoms of incontinence.
3rd degree tears are classified according to their extent and it is crucial that the full nature of the injury is identified in order to ensure that the entire tear is repaired. A partial diagnosis and a partial repair may leave the woman with symptoms and may be regarded as negligent.
How to claim compensation
If you suspect or know that you suffered a 3rd degree tear during the birth of your baby which was not diagnosed at the time and is causing you to suffer debilitating bowel problems, speak to a solicitor about the possibility of making a claim for compensation.
They will obtain copies of your medical records and analyse the quality of your care in order to identify any negligence on the part of your maternity professionals.
If you have been the victim of negligence, an assessment of the financial losses which the negligence has caused, such as long-term loss of income, will enable a claim to be made on your behalf.
Free legal advice
Contact Glynns Solicitors, specialists in medical negligence law, to talk to a solicitor, free of charge, about the possibility of making a claim.
We can offer No Win No Fee medical negligence funding which we will discuss with you during your free initial telephone discussion.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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