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Can I Get Compensation for a 3c Tear?

Can I Get Compensation for a 3c Tear?

Severe birth tears require an accurate diagnosis and a skilled, appropriate repair. A misdiagnosis or a poor-quality repair can lead to a lifetime of appalling symptoms and may justify a claim for compensation.

Third degree tears

Third degree tears differ from 1st and 2nd degree birth tears in that they damage the anal sphincter as well as the skin and muscle of the perineum. As a consequence, a woman with an unrepaired third degree tear can experience both faecal and wind incontinence due to the injury to the muscles which allow her to control her bowel.

However, there are three different categories of third degree tear and it is vital that medical professionals identify a woman's injury precisely in order to ensure that the entire extent of her injury is repaired.

  • A 3a tear is classified as causing damage to less than 50% of the thickness of the external anal sphincter muscles.
  • A 3b tear is classified as an injury affecting more than 50% of the external anal sphincter but not affecting the internal anal sphincter.
  • A 3c tear damages both the external and the internal anal sphincter and is associated with a higher likelihood of on-going incontinence problems.

Misdiagnosis of third degree tears

A number of problems can arise in the diagnosis of third degree tears:

  • The examination of the woman after the birth of her baby is inadequate leading to a complete failure to diagnose a severe tear
  • An injury may be identified but diagnosed as a 2nd degree tear rather than a third degree tear meaning that the woman may not receive a proper surgical repair at all.
  • A 3c tear may be diagnosed as a 3a tear, meaning that part of the injury may not be repaired, leaving the new mother with problems of bowel incontinence or extreme urgency when needing the toilet.

Medical negligence

  • If you are suffering on-going and debilitating bowel symptoms due to a misdiagnosis of a 3c tear, you may be entitled to make a claim for compensation. If your examination after the birth of your baby was inadequate, the medical practitioners who attended the birth may be regarded as having provided a poor standard of care.
  • If you continue to suffer bowel problems due to a poor quality repair despite receiving a diagnosis of your third degree tear, it may be appropriate to claim compensation.

Speak to a solicitor

If you are struggling with the shocking symptoms of an unrepaired birth tear, contact Glynns Solicitors to talk to a specialist medical negligence solicitor with expertise in birth tear claims.

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

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