Third Degree Tear Compensation Claims
3rd degree tears are disabling injuries to the muscles
around the anus. They can occasionally occur during vaginal childbirth
and require scrupulous adherence to the maternity guidelines to ensure
that a new mother does not return home with permanent bowel
problems.
Issues of negligence in a 3rd degree birth tear
- In the first instance, it is necessary to carry out a thorough examination of a woman’s perineal region (between the vagina and anus) after she has given birth. This should include a digital rectal assessment (with a gloved finger) to check if any damage has been done to the anal sphincter (the muscles around the anus). If this does not occur, a 3rd degree tear will not be identified.
- Secondly, if any damage is identified around the anus, it is essential that it is correctly diagnosed as either a 3a, a 3b or a 3c tear. These classifications indicate the increasing extent of a tear and the increasing severity of the injury. The correct classification is crucial to make sure that the injury is fully repaired. A misdiagnosis, such as identifying a 3c tear (both external and internal damage) as a 3a tear (only external sphincter damage) may result in an inadequate repair.
- Any repair needs to resolve the full extent of the injury, using the correct materials and techniques to ensure that there are no continuing symptoms. The repair needs to be carried out by an experienced surgeon in an operating theatre. An incomplete or incompetent repair will leave the new mother with on-going symptoms.
How to make a claim
If you think that you have been left with an unrepaired 3rd degree tear after the birth of your baby, the first step is to talk to a specialist medical negligence solicitor. Be prepared to give them details of relevant dates, what occurred during the birth of your baby and why you believe that you have an unrepaired tear. Make a note also of your symptoms and the impact which they are having on your life.
A specialist solicitor will be able to obtain copies of your medical records and carry out an investigation into the quality of your maternity care.
If it appears that negligent care has left you with an unrepaired 3rd degree tear (or 4th degree tear) and associated bowel problems, they will have the expertise to assess the impact of the negligence on your quality of life and any financial losses which you have suffered and are likely to suffer in the future.
Free legal advice
Glynns Solicitors is a dedicated medical negligence legal practice with a team of specialist solicitors and many years’ experience in severe birth tear negligence and claims.
Contact us today to talk to a solicitor, free of charge, about the possibility of making a claim.
We can offer No Win No Fee medical negligence funding which we will discuss with you during your free initial telephone discussion.
Please call us free on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.


