Can I Sue the NHS for Not Diagnosing a 3rd Degree Tear?
If you are suffering long-term symptoms due to a failure to diagnose and repair a 3rd degree tear, it might be appropriate to make a claim for compensation.
Diagnosis of a perineal childbirth injury is absolutely vital. If a woman has suffered a severe tear, such as a 3rd or 4th degree tear, it is important that her injury is repaired as promptly as possible to avoid long-terms problems of bowel incontinence.
NICE Guidelines
Such is the importance of accurate and timely assessment of any perineal, anal and genital damage following childbirth that the National Institute for Care and Health Excellence (NICE) has issued the following guidelines to medical professionals.
Before assessing for genital trauma, healthcare professionals should:
- explain to the woman what they plan to do and why
- offer inhalational analgesia
- ensure good lighting
- position the woman so that she is comfortable and so that the genital structures can be seen clearly.
The initial examination should be performed gently and with sensitivity and may be done in the immediate period following birth.
If genital trauma is identified following birth, further systematic assessment should be carried out, including a rectal examination.
Systematic assessment of genital trauma should include:
- further explanation of what the healthcare professional plans to do and why
- confirmation by the woman that tested effective local or regional analgesia is in place
- visual assessment of the extent of perineal trauma to include the structures involved, the apex of the injury and assessment of bleeding
- a rectal examination to assess whether there has been any damage to the external or internal anal sphincter if there is any suspicion that the perineal muscles are damaged.
The timing of this systematic assessment should not interfere with mother-infant bonding unless the woman has bleeding that requires urgent attention.
The woman should be in a position that allows adequate visual assessment of the degree of the trauma and for the repair. This position should only be maintained for as long as is necessary for the systematic assessment and repair.
The woman should be referred to a more experienced healthcare professional if uncertainty exists as to the nature or extent of trauma sustained.
The systematic assessment and its results should be fully documented, possibly pictorially.
Classification
Furthermore, The Royal College of Obstetricians and Gynaecologists has produced precise descriptions of the different grades of injury (1st, 2nd, 3rd and 4th degree tears) in order to ensure accuracy of diagnosis.
Medical negligence
A failure to undertake a thorough examination of a woman following vaginal childbirth, leading to a failure to accurately diagnose any damage, can leave the woman affected with permanent and distressing bowel incontinence.
In such circumstances, it might be appropriate to make a claim for compensation.
Seek legal advice
If you are suffering the symptoms of an undiagnosed severe tear following the birth of your child, call us today to talk to a specialist medical negligence solicitor. We have supported numerous women in making successful compensation claims for undiagnosed perineal injury and would be very happy to advise you.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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