Failure to Diagnose a Third Degree Tear in Childbirth
If you are struggling with the appalling symptoms of a third degree tear following the birth of your baby, you may be wondering if this means that you have been the victim of medical negligence and whether you are entitled to claim compensation.
Is a third degree tear negligent?
A third degree tear is a risk of vaginal childbirth. Not every woman who gives birth this way will experience a severe tear; in fact, most will not. However, a significant minority do suffer these shocking injuries and if medical professionals have failed in their duty of care in some way, thereby contributing to a poor outcome, it may be appropriate to make a claim.
Third, and indeed fourth, degree tears are a product of the pressure of vaginal childbirth and often affect first-time mothers, women carrying a large baby, and women who have required an instrumental delivery.
If an instrumental delivery is carried out but an episiotomy has not be carried out beforehand, the relevant professionals may be regarded as having been negligent.
If a severe tear occurs, accurate and competent medical care is essential and any failure which leaves the new mother with on-going debilitating symptoms may be regarded as negligent and justify a claim.
Examples of negligent maternity care
- A failure to carry out a thorough post-natal perineal examination including a digital rectal examination of a woman who has given birth through the vagina
- A failure to diagnose that an injury has occurred to the anal sphincter
- A misdiagnosis of an injury to the anal sphincter
- A failure to execute a comprehensive and effective repair of an anal sphincter injury, i.e. a 3rd or 4th degree tear
The right to claim compensation
If you are struggling with significant bowel problems, it may well be affecting your mental and physical health, your ability to work and your quality of life. Your income may be reduced significantly as a result. You may also be experiencing additional expenses in order to manage and treat your symptoms.
If negligent medical care is found to have caused or contributed to this distressing situation, you should be legally entitled to claim compensation for these financial consequences.
Speak to a legal specialist
Here at Glynns we have for many years supported women who are suffering from the consequences of maternity negligence and have developed a deep understanding of the distress and disability which severe anal tears can cause.
If you think that you may have a claim, contact us today to talk to a solicitor, free of charge, about the best way forward.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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