I Didn't Know I Had a Birth Tear
Have you only just been told that you had a 3rd or 4th degree tear, even though you gave birth weeks, months or even years ago?
A 3rd or 4th degree tear must be diagnosed and repaired almost immediately after the delivery. A failure to provide this standard of care will amount to medical negligence.
As the victim of medical negligence, you will be legally entitled to pursue a medical negligence claim for compensation. For more information, contact us for a free initial enquiry.
Why has my tear only just been diagnosed?
As mentioned above, a perineal tear must be identified shortly after the birth and a repair conducted. If a first or second degree tear is present, a midwife can repair the injury in the delivery suite. But a more severe injury, meaning a third or fourth degree tear, must be repaired in theatre by a surgeon.
If your tear was not diagnosed in hospital, there are two possible explanations:
- 1. A thorough examination was not carried out, including a digital rectal examination, meaning the tear was missed.
- 2. An examination was carried out, but the clinician still missed the injury.
There is a potential third explanation, which is that your tear was 'under-diagnosed'. This means that you were diagnosed with a first or second degree tear, but you actually had a third or fourth degree tear that was missed. This will be problematic because only part of the tear will be repaired, leaving a gap in the anal sphincter.
Is it negligent to miss a tear?
These explanations are not excusable. A 3rd or 4th degree tear must be diagnosed and repaired before a patient is discharged from hospital. It is not acceptable for a serious perineal injury to be missed.
A missed tear amounts to a breach of duty, which means medical practitioners have not provided a reasonable standard of care. If this has caused you to experience problems such as faecal urgency and incontinence, there will be a case of medical negligence.
The basis of your claim will be that had your tear been diagnosed and repaired at the time of injury, you would have made a complete recovery and would have avoided suffering any symptoms. These symptoms often include faecal urgency, incontinence and the inability to control wind.
I've just been told I had a 3rd degree tear
If you have only just discovered that you had a 3rd degree tear that was missed, please get in touch with us to discuss making a compensation claim.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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