How Do I Make a Claim for a 3rd Degree Tear?
If you suffered a 3rd degree tear during the vaginal birth of your baby, which was not diagnosed and has left you with disabling bowel problems, it may be possible to make a claim for compensation.
Negligence in 3rd degree tear maternity care
A claim for compensation for medical negligence will only succeed if it is clear that there was indeed an act of negligence during the new mother's maternity care and that it has caused her to suffer debilitating symptoms which would not have been the case with a competent level of care.
3rd degree tears are not necessarily a sign of negligence in themselves. They are a risk of vaginal childbirth. Where negligence can occur, and it can be life-changing, is in a failure to diagnose and repair a tear, thereby allowing symptoms to continue and, possibly, to worsen. Examples of failings which might contribute to this situation and which might be regarded as negligent could include the following:
- A failure to examine the new mother after the baby's delivery including a digital rectal examination
- A failure to recognise that damage has been done to the anal sphincter
- A misdiagnosis of an injury to the anal sphincter
- A failure to repair a 3rd degree tear effectively and comprehensively
How do I make a claim?
3rd and 4th degree tears can leave a woman with incontinence of both wind and faeces which can deprive her of her self-confidence and her capacity to work. It can make everyday life extremely difficult in managing her symptoms and, sometimes, make it hard even to leave the home for fear of bowel accidents.
A successful compensation claim can help a woman to deal with many of these issues by providing compensation for lost income as well as the costs of treatment and equipment if necessary.
If you think that you may be a position to make a claim, you need to talk to a specialist medical negligence solicitor who will be able to obtain copies of your medical records and identify whether or not you have been the victim of negligence and what impact this has had on you.
Speak to a legal specialist
Ring Glynns Solicitors, specialists in medical negligence law, for a free consultation with an experienced solicitor.
We can offer a wealth of expertise in and understanding of birth tear negligence claims and the distress which these injuries can cause.
We can offer No Win No Fee medical negligence funding which we will discuss with you during your free initial telephone discussion.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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