Third Degree Tear Misdiagnosis and How to Claim Compensation
Speak to a solicitor if you are struggling with the distressing bowel symptoms of an unrepaired third degree birth tear.
Third degree tears and why they matter
Third degree tears occur to a minority of women during vaginal childbirth. They are tears to the skin and muscle which extend from the vagina, across the perineum and, crucially, cause damage to the muscles around the anus. As a result, unless they are promptly diagnosed and repaired, they can compromise a woman's control of her bowel movements, causing urgency and leakage. If repair is delayed, the chances of successful resolution of symptoms may be reduced, leaving the new mother struggling with the physical, practical and psychological impact of her debilitating bowel problems.
Prompt diagnosis and repair by an experienced surgeon is the key to recovery.
Negligence in diagnosis and repair of third degree tears
A correct diagnosis of a third degree tear requires that maternity professionals follow the guidelines around post-natal examination and apply accurate knowledge to identify their findings, if any.
In the first instance, a digital rectal examination after a woman has given birth through the vagina and a failure to carry out such an examination may be regarded as negligent.
Secondly, the precise classification of tear is needed in order to ensure a comprehensive repair.
Third degree tears are divided into three types according to the extent of the tear, a 3a tear being the least extensive and a 3c tear being the most severe causing damage to both the external and internal anal muscles.
Consequently, it is essential that the correct description is applied. If a 3c tear is misdiagnosed as a 3a tear, for example, there is a risk that the new mother will receive only a partial repair and that she will continue to suffer problems of incontinence of both wind and faeces.
How to claim compensation
If you are experiencing disabling bowel symptoms because of negligent maternity care of a third degree tear, you may be entitled to claim compensation for the consequences of your injury. This may include a loss of income if you are now unable to manage the job you previously enjoyed or are restricted in the hours of work which you can undertake. The costs of treatment or equipment which may be necessary to help you manage your symptoms could also be included in your claim.
In order to initiate a claim, you will need to speak to a specialist solicitor. They will be able to obtain your medical records and carry out an investigation in to the quality of your maternity care.
If it appears that you have suffered from a misdiagnosis, they will support you in pursuing a claim for compensation.
Speak to a specialist
As specialists in medical negligence law, Glynns Solicitors can offer a wealth of expertise in childbirth tear claims.
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 on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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