Misdiagnosis in Third Degree Tears and Claiming Compensation
Not all third degree tears are the same and a misdiagnosis may leave a new mother with on-going and debilitating symptoms. It may also justify a claim for compensation where the impact on the woman's life has been significant.
Third degree tears
A third degree tear is a maternal birth injury, occasionally experienced during vaginal childbirth, which causes damage to the woman's anal sphincter and which, without prompt and accurate diagnosis and treatment, can reduce her control of her bowel movements and the passing of wind.
However, third degree tears can vary in the extent of damage caused and it is, therefore, essential that medical professionals attendant at a vaginal birth ensure that the entire injury, if such has occurred, is correctly diagnosed. If a part of the injury is not identified, the new mother may only receive a partial repair and may continue to suffer bowel problems in the form of incontinence of both wind and faeces.
A 3a tear only affects up to 50% of the external lining, with a 3b tear affecting the full depth of the external anal muscle. However, a 3c tear additionally damages the internal anal sphincter. Therefore, if a 3c tear is misdiagnosed as a 3a or 3b tear, which occasionally does happen, the repair may only take account of the external sphincter, leaving the damage to the internal muscle unrepaired.
Negligence in third degree tears
An accurate diagnosis requires a thorough examination of the new mother following the birth. This should include a digital rectal examination to check the condition of the anal sphincter. If this does not happen or if the medical professional is not sufficiently experienced to identify the damage correctly, they may be regarded as having provided substandard care and the new mother may be entitled to make a claim for compensation.
A successful claim would address the consequences of the negligence such as a loss of income, where this has been the result of the negligence, and the costs of care or personal support where this has been necessary.
Speak to a legal expert
Glynns Solicitors can offer extensive expertise and experience in third degree tear claims. With a history of success in high-value claims, we are ideally placed to support the investigation of your medical care and to negotiate the best settlement on your behalf if you have been the victim of negligence.
Contact us today to speak with a solicitor, free of charge, about making a claim.
Contact us today to speak with a solicitor, free of charge, about the possibility of making a claim.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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