If your third degree tear was initially missed by medical professionals, you could be legally entitled to pursue a medical negligence claim. If successful, you will be awarded compensation for the damages wrongfully incurred.
Claiming for a missed third degree tear
A third degree tear is a serious injury that may be sustained by a woman while giving birth vaginally. It must be recognised and repaired shortly after the delivery, as this will give a woman the best chance of making a full recovery. It will also prevent any unnecessary pain or incontinence.
To diagnose a third degree tear, a midwife or a doctor should examine a woman after the delivery. This should include a digital rectal examination. The tear should be detected during this routine assessment and a repair carried out thereafter. Because it is a complex repair, the injury should be sutured in theatre by an experienced surgeon.
However, there are times when a third degree tear is missed, meaning a woman continues with her life, completely unaware that she has a severe perineal injury. Often this happens because medical professionals neglect to carry out a post-delivery examination, or because the examination is not performed by a competent person.
A missed third degree tear is considered unacceptable, as any reasonably competent medical professional should know that an examination is required, and be able to diagnose a third degree tear. Failing to spot a third degree tear will almost always amount to medical negligence.
Medical negligence compensation
Anyone who is the victim of medical negligence is entitled to pursue a claim for compensation. A compensation settlement is made up of two elements: general damages and special damages.
General damages are intended to reflect the pain, suffering and loss of amenity (quality of life) that has been experienced thus far, and that is likely to be experienced in the future. This will include considerations such as physical pain, emotional trauma and detrimental changes to the individual’s life.
Special damages are intended to recover the financial loss that has been incurred. This can include loss of earnings (both past and future), the cost of medical treatment, the cost of travelling to receive medical treatment and the cost of care provided by family members.
Third degree tear solicitors
To find out if you can claim compensation for a missed third degree tear, please do not hesitate to get in touch with our friendly team of solicitors today.
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