Suing A Hospital For A Missed 3rd Degree Tear
If a hospital missed your 3rd degree tear, you could have grounds for a potential medical negligence claim. Please do not hesitate to get in touch with us to find out more about suing the NHS.
Is it acceptable to miss a tear?
A perineal tear should be diagnosed and repaired in the hours after the birth. Aside from extenuating circumstances (such as the mother falling ill) it is not acceptable to miss a tear.
There should be a routine examination after the birth, during which a perineal tear should be detected. This examination can be done by either a midwife or a doctor, as both should have the necessary expertise to recognise a tear. If there is any doubt in the mind of the medical practitioner, a more senior clinician should be asked to perform another examination.
The examination must include a digital rectal examination, where a finger is inserted into the rectum. This is the only way confirm a tear that extends to the anal sphincter – which include 3rd and 4th degree tears.
Suing for missed tear
Therefore if your 3rd degree tear was initially missed by medical practitioners, you need to consider why. Was it because an examination was not performed? Or was it because the examination did not include a digital rectal examination? Or perhaps the clinician made a wrong diagnosis?
All of the above examples amount to a breach of duty. This means that you have been subject to substandard medical care. If this has caused you harm, you will be legally entitled to sue the hospital at fault. To find out if you can sue the NHS, you need to speak to a medical negligence solicitor (also called a clinical negligence solicitor in the UK).
Medical compensation solicitors Bristol
Glynns Solicitors is a specialist medical negligence law firm based in between Bath and Bristol. We act for victims of medical negligence across England and Wales.
To check whether you are eligible to make a compensation claim, please get in touch with us for a free initial enquiry. You will speak to a legal expert, during which you will be asked about the care you received. Afterwards you will be advised on the options available, including whether you are entitled to compensation. All this is completely free of charge.
Get in touch
To talk to a medical negligence solicitor about suing a hospital for a missed 3rd degree tear, please contact us today.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.