Failure To Diagnose Third Degree Tear

In May 2006, Lilly gave birth to her first child. Due to complications during labour she needed a forceps delivery, but soon after started to experience problems.

When Lilly was admitted to the Maternity Unit at her local hospital, she was told she was having a ‘slow labour’ and advised it would be some time before the baby could be delivered. As is often the case with slow labours, the midwives became concerned about the baby’s heart rate, which seemed to be slowing with every contraction.

Without consulting Lilly, two doctors determined to deliver her son with the assistance of forceps, as they were becoming increasingly worried about the state of the baby’s health. This caused Lilly considerable distress, as she did not know what was going on, and suddenly found herself in extreme pain. The doctors then left without discussing their actions with Lilly, who was then stitched up.

Lilly remained in hospital for another day, and despite telling staff she was in pain no genital examination was carried out – not even immediately after the birth. She was given very little information, and it was only when she read her own medical notes that Lilly discovered she had suffered a second degree tear (according to the medical professionals).

The pain in Lilly’s genital area remained severe, and after one week she began to notice she was passing faeces through her vagina. However, her GP advised that this was just heavy discharge which was perfectly normal. The GP took some swabs to check for infection and organised an ultra-sound, both of which failed to detect a problem.

Over the next four months there was no improvement in Lilly’s condition. She was still in pain and passing stools through her vagina, which in turn was causing irritation around her anus and vagina. She saw a number of GPs during this time, all of whom diagnosed her with a urine infection. Eventually she was referred to a Urologist, who told Lilly she needed an operation to widen her urethra.

However, even after the operation Lilly did not feel any better, and she went to see yet another GP. This time Lilly was referred to a gynaecologist, who after an examination told her she had suffered a third degree tear during childbirth – not a second degree tear as her medical notes said. This diagnosis was later confirmed by a specialist, who told Lilly her perineum had no muscles, there was substantial damage to her sphincter muscles, and that she would not be able to have children again. She was also advised she would need surgery to repair the damage.

A whole year after her son was born, Lilly was correctly diagnosed with a third degree tear. Such a perineal tear should have been recognised by medical staff at the time of birth, whose duty it is to perform a genital examination after every vaginal delivery. This is to ensure that all perineal tears are noticed and properly repaired.

Lilly did not receive such an examination, and as a result the seriousness of her condition was not diagnosed at the time of birth. This left her in considerable pain, and she needed constant help around the house and while looking after her son. She was unable to return to work, and she may not be able to have children again – something which has caused her great distress.

Glynns helped Lilly file a medical negligence claim, as we believed she had been the victim of a substandard level of care. After instructing different medical experts to prepare a report on her case, we negotiated a settlement with the Trust in question and Lilly was awarded £65,000 compensation.

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