Can I Sue the NHS for an Unrepaired Third Degree Tear?
If you are continuing to suffer significant and long-term symptoms due to an unrepaired third degree tear, it is possible that a compensation claim would be appropriate.
Management of perineal tears
When a woman has given birth vaginally, especially if this is her first baby or she has required an instrumental delivery, she should receive a thorough examination of her perineal and anal area, including a digital, rectal examination. The purpose of this is to check if she has suffered any damage.
1st and 2nd degree perineal tears are generally small and heal readily. 3rd and 4th degree tears, however, are very serious injuries. They cause damage to the muscles which control the bowel and require a skilled surgical repair.
Third degree tear symptoms
If you have an unrepaired third degree tear, you are probably suffering some, if not all, of the following symptoms:
- Extreme urgency when needing the toilet
- Inability to prevent the passing of wind
- Leakage of faeces or incontinence
- Perineal infections
You will already be fully aware of the difficulties which can be caused by symptoms such as these. Women with severe birth tears can find it very difficult to return to work and suffer financial difficulties as a result.
That is not to mention the social, practical and psychological effects.
Medical negligence
If your third degree tear has not been repaired, it is most likely because it was either misdiagnosed or not diagnosed at all.
Such a circumstance may be regarded as negligent care and may justify a compensation claim.
Women who have given birth vaginally require a thorough examination after the birth. This should be sufficiently meticulous to ensure that all damage is accurately diagnosed.
It is vital that severe tears are fully identified and not misdiagnosed as lesser injuries. A third degree tear should not be diagnosed as a second degree tear, for example.
A complete failure to diagnose any injury at all is particularly negligent as no repair will take place and any opportunity to recognise that a misdiagnosis has occurred will be lost.
Speak to a solicitor
If you are suffering the debilitating effects of a third degree tear which was undiagnosed and, therefore, unrepaired, you might want to consider making a claim. This could include any loss of earnings caused by the impact of your unrepaired tear.
Contact us at Glynns Solicitors to talk to a specialist medical negligence solicitor with expertise in birth tear claims.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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