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Compensating Third Degree Tear Misdiagnosis and Repair

Compensating Third Degree Tear Misdiagnosis and Repair

A misdiagnosed and poorly repaired third degree tear has left a young mum with devastating permanent symptoms.

When Rachel was pregnant with her first child, all seemed to be going smoothly.

After 39 weeks she was admitted to hospital, as planned, for a vaginal delivery when her contractions began.

However, after several hours, the delivery of her baby was proving difficult and the attending Registrar said that a forceps delivery in theatre would be necessary. Rachel was given an episiotomy, an instrumental delivery was carried out and a healthy baby was born.

Following the birth, Rachel was told that she had sustained a small 3a perineal tear affecting her external anal sphincter and a repair was carried out.

Whilst she was still in hospital, however, Rachel realised that she was having difficulty preventing herself from passing wind. She informed the medical professionals in charge of her care but was reassured that it would be fine.

Returning home, Rachel's incontinence of wind continued and she began to suffer significant perineal pain as well as experiencing urgency and having difficulty emptying her bowel. She was diagnosed with an infection and put on a course of antibiotics.

Unfortunately Rachel's difficulties continued and she persisted in seeking help, finding her symptoms increasingly distressing and embarrassing.

Eventually, more than eight months after the birth of her baby, an endoanal scan showed that, in fact, Rachel had suffered a major 3c tear during the delivery which had not been diagnosed at the time. This meant that the internal anal muscle as well as the external muscle had been damaged during the birth. This had not been noticed either during the examination after the birth nor at the time of the original perineal tear repair.

Rachel consequently underwent a secondary repair of her external anal sphincter but was advised that, now a year after the birth, it was too late to carry out an effective repair of her internal anal sphincter. This was devastating news for Rachel as it meant that her symptoms would not be resolved.

Distressed at the quality of her maternity care and its shocking impact, Rachel approached Glynns to discuss a possible claim for compensation.

We instructed a medical expert to assess the quality of her care. In his view, not only had Rachel's injury been misdiagnosed but the repair of her tear following the birth had been inadequate. Had the correct nature of the tear been identified at the time of the birth and a competent repair carried out, Rachel would not now be suffering the symptoms she is experiencing nor had to undergo a secondary repair.

Rachel has been devastated by what has happened to her and her symptoms continue to affect many aspects of her life on a daily basis. Her physical symptoms have also made it impossible for her to pursue her career as she had planned.

Rachel was awarded in excess of £400,000 for the impact of her substandard maternity care.

(Details which might identify our client have been changed.)

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