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Third Degree Anal Birth Injury and When to Claim Compensation

Third Degree Anal Birth Injury and When to Claim CompensationWhat is a 3rd degree tear and when is it appropriate to make a claim for compensation?

What is a 3rd degree tear?

Around 5% of women who give birth through the vagina are thought to suffer a 3rd degree tear. Whilst this is a minority, it is still a significant number and the quality of their maternity care is crucial to their long-term outcome.

A 3rd degree tear during childbirth is a tear which commences at the vagina but spreads across the perineum to damage the muscles around the anus which control the passing of both wind and faeces. The diagnosis of a 3rd degree tear depends on the extent of the damage once the anal sphincter has been reached.

  • A 3a tear will damage up to 50% of the external anal sphincter
  • A 3b tear will damage more than 50% of the external sphincter but will not continue into the internal muscle
  • A 3c tear will additionally cause damage to the internal anal sphincter.

Clearly a correct diagnosis is essential in order to ensure that the new mother receives a full repair. A misdiagnosis, for example diagnosing a 3c tear as a 3a tear, risks the continuation of symptoms which would have been resolved with an accurate diagnosis and a comprehensive repair.

Unfortunately, the symptoms associated with a 3rd degree tear which does not receive appropriate and competent medical care, can be disabling, extremely distressing and utterly life-changing.

The combination of loss of control of both wind and faeces, or experiencing extreme urgency when needing the toilet, can devastate a woman's self-confidence, making her reluctant to leave her home whether to work, socialise or support the needs of her baby. Many areas of employment may become impossible to access and she may face a future of a significantly reduced income, triggering further distress and loss of self-worth.

Claiming compensation

If maternity professionals have contributed to this distressing outcome through failings in medical care, it may be appropriate to make a claim for compensation.

Failing to carry out a thorough examination or failing to make an accurate diagnosis of any anal injury may be regarded as negligent and the consequences, such as a loss of income, can be addressed in a successful claim.

Specialist legal advice

As specialists in medical negligence law, Glynns can offer a wealth of expertise and experience in severe birth tear claims.

Contact us today to speak with a solicitor, free of charge, if you think that you may have been the victim of negligent maternity care.

Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.

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