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3rd Degree Tear NHS Claim

3rd Degree Tear NHS Claim

If your 3rd degree tear was not diagnosed, was not adequately repaired, or was caused by a mismanaged labour, you could be entitled to make a claim against the NHS. For more information on a 3rd degree tear NHS claim, please get in touch with us at Glynns Solicitors.

3rd degree tears

A 3rd degree tear is when the perineal muscles and anal sphincter tear during the vaginal delivery of a baby. It is a natural occurrence of childbirth. While the injury will not affect every woman who gives birth, when it does happen it cannot said to be negligent.

However, there are some situations when a 3rd degree tear will amount to medical negligence, for which the patient will be entitled to sue the NHS. These are explored in more detail below.

3rd degree tear not diagnosed

The main cause of 3rd degree tear claims is the failure to diagnose. Third degree tears have to be diagnosed shortly after the birth during a routine examination. The precise grading of the tear should also be verified, as it can be a 3a, 3b or 3c tear. A 3c tear is the most severe.

If a 3rd degree is not detected, or the correct type of tear is not diagnosed, the patient will be left with a defect in her perineal muscles and anal sphincter. Even if a lesser tear is diagnosed and treated, a defect will still remain because the full extent of the tear will be unknown and therefore untreated.

A failure to diagnose a 3rd degree tear, or the correct type of tear, will amount to medical negligence.

3rd degree tear repaired poorly

Claims against the NHS also occur if a 3rd degree tear has been repaired, but the repair is of a poor standard. The repair will be considered substandard if the full extent of the tear is not sutured (stitched), leaving a defect in place.

3rd degree tear caused by mismanaged labour

A 3rd degree tear claim might also arise if the patient's tear occurred as a result of a mismanaged labour. Examples include allowing the second stage of labour to continue for too long, performing a midline episiotomy, applying the forceps incorrectly or allowing the patient to give birth to a very large baby.

Solicitors for NHS claim

If you would like to know whether you can make a claim against the NHS for a 3rd degree tear, please get in touch with us at Glynns Solicitors.

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

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