When Can I Make a Claim for a Third Degree Tear?
A third degree tear is a risk of vaginal childbirth and the consequences can be life-changing. When is it appropriate to make a claim for compensation?
Severe birth tears
Women who give birth through the vagina are at risk of suffering a third degree tear. This is a tear to the skin and muscle which extends from the vagina, across the perineum and into the anal sphincter. It may only affect the external sphincter or muscle (3a and 3b tears), or it may damage both external and internal muscles (a 3c tear).
Women who are giving birth for the first time or who have needed an instrumental delivery are at a greater risk.
Therefore, the occurrence of a third degree tear is not necessarily a sign of medical negligence.
However, the severity of the symptoms associated with third degree tears means that the medical professionals who attend a vaginal birth have a duty to ensure that any damage is both diagnosed and effectively repaired shortly after the birth.
A failure to diagnose and repair a severe anal sphincter injury may be regarded as negligent. It may also leave the new mother suffering a range of distressing and debilitating injuries including the following:
- Perineal pain and discomfort
- Inability to prevent the passing of wind
- Inability to prevent the passing of faeces
- Perineal infections
Medical negligence
It is essential that women who have given birth vaginally receive a thorough examination following the birth of their baby to ensure that all damage is diagnosed.
Without a thorough examination, anal damage may be missed and the women will not undergo a repair, leaving her to face a lifetime of incontinence.
Even with an examination, severe birth tears are occasionally misdiagnosed as less severe tears and a woman may continue to suffer disabling symptoms even though part of her injury has been repaired.
If a woman experiences on-going symptoms due to poor-quality medical care, it may be appropriate to make a claim for compensation.
Of course, the same applies to fourth degree tears also which, in fact, cause even more severe damage to the anal sphincter and bowel function.
Speak to a solicitor
If you or a loved one are struggling with the practical, emotional and financial impact of a severe birth tear due to substandard medical care, contact us here at Glynns Solicitors.
We have extensive experience of third degree tear claims and one of our team of experienced solicitors will be very happy to talk to you. Remember to act before the three limitation period is up.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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