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Undiagnosed Birth Tear and Claiming Compensation for Negligence

Undiagnosed Birth Tear and Claiming Compensation for Negligence

Birth tears associated with vaginal childbirth come in a variety of forms. If a 3rd or 4th degree tear remains undiagnosed and unrepaired, a woman may suffer permanent bowel problems and be entitled to compensation.

How do birth tears differ?

Perineal tears, caused by pressure during childbirth, are classified as 1st, 2nd, 3rd or 4th degree tears. It is absolutely essential that medical professionals who attend the birth make the correct diagnosis in order to ensure that a full and effective repair is carried out.

1st and 2nd degree tears only affect the perineum between the vagina and the anus. They do not cause damage to the anal sphincter muscles.

3rd and 4th degree tears, however, do cause damage to the anal sphincter and, without an appropriate repair, can leave a woman with incontinence or urgency. If a woman has suffered a severe perineal tear, it needs to be diagnosed according to the extent of damage which it has caused:

  • A 3a tear extends across the perineum and damages less than 50% of the external anal sphincter
  • A 3b tear causes damage to more than 50% of the external anal sphincter
  • A 3c tear additionally damages the internal anal sphincter
  • A 4th degree tear additionally causes damage to the lining of the anal canal

3rd and 4th degree tears require a surgical repair by an experienced surgeon to prevent on-going bowel difficulties.

Medical negligence and claiming compensation

A failure by medical professionals to diagnose or repair a 3rd or 4th degree tear is likely to leave a woman with damaged anal function, meaning that she may struggle to prevent the passing of wind and faeces.

If such a distressing experience leaves the new mother with life-changing symptoms which may cause her to struggle with employment or negatively impact on the quality of her life, it may be possible to make a claim for compensation.

A successful claim would take account of any financial losses, such as a reduced income, as well as addressing the issue of the woman's pain and suffering.

Speak to a legal specialist

If you are struggling with the appalling impact of an unrepaired severe birth tear, contact Glynns Solicitors.

We have a team of experienced lawyers with extensive expertise in high-value childbirth tear claims.

Ring us today to speak with a solicitor, free of charge, about how to pursue a claim for compensation for the impact of your medical care.

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

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