Third Degree Tear Maternity Negligence and Compensation
Diagnosing a third degree tear and diagnosing it correctly are fundamental to preventing a new mother from facing a future of faecal urgency or bowel incontinence. If maternity professionals fail in this requirement, it may be appropriate to make a claim for compensation.
What is a third degree tear and why does it matter?
Put simply, a third degree tear is a tear during vaginal childbirth which damages the anal muscles controlling the passing of wind and faeces. Obviously this matters because a woman with a third degree tear will experience, to some degree, problems with her bowel which may be both distressing and debilitating.
However, the classification 'third degree tear' in fact relates to three different degrees of damage and it is crucial that an injury is correctly diagnosed in order to ensure that a comprehensive and accurate repair is carried out.
Depending on the extent of the tear, the woman will suffer increasing levels of injury and symptoms:
- A 3a tear damages less than 50% of the depth of the external anal sphincter
- A 3b tear damages more than 50% of the external sphincter
- A 3c tar damages both external and internal anal sphincter
Negligence in maternity care
Professionals attending the birth of a baby should follow guidelines to minimise the risk of a severe birth tear and ensure that, if such an injury has occurred, it is diagnosed correctly.
A failure to carry out an examination after the birth of a baby, a failure to diagnose an injury or a misdiagnosis of an injury may all be regarded as substandard care and may justify a claim for compensation if the new mother suffers disabling symptoms as a result.
Claiming compensation
A successful compensation claim will incorporate the financial losses which the negligence has caused. For example, if the new mother had planned to return to work and is now unable to do so because of her bowel symptoms, the financial implications, not to mention the psychological impact, can be considerable.
The investigation of the woman's medical care, its physical and, if appropriate, psychological impact on her and the financial consequences, is a complex business and requires the skills of a specialist solicitor. They will obtain the relevant medical records and assess the validity and value of a possible claim.
Speak to a legal specialist
Glynns Solicitors is a dedicated medical negligence legal practice with a history of successful high-value birth tear claims.
Contact us to speak with a solicitor, free of charge, if you think that you or a loved one may be in a position to make 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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