If you are thinking of claiming for a third or fourth degree tear, you need to speak to a legal expert without delay.
Expert legal advice for third degree tears
Third and fourth degree tears are serious injuries that can be sustained by a woman during childbirth. The incidence of such a tear does not in itself amount to medical negligence. Unfortunately they are a risk of vaginal deliveries and will affect around 9% of women. However, there may be a case of medical negligence if a third or fourth degree tear:-
- Is not diagnosed and repaired in a timely fashion;
- Is poorly repaired;
- Was caused by substandard medical care.
If you suspect you have been the innocent victim of medical negligence, you must speak to a solicitor as soon as possible. You need to contact a firm that not only specialises in medical negligence, but that also has a proven track record of dealing with third/fourth degree tear claims.
When you contact a solicitor, you will be asked about the details of the birth and the injuries you sustained. When all the information has been obtained, a solicitor will suggest whether you are in a position to make a medical negligence claim. It is important to speak to a solicitor without delay, as there is a three year time limit when claiming for medical negligence.
Making a claim for a third degree tear
If you are able to claim for a third degree tear (or a fourth degree tear), your solicitor will handle everything on your behalf. The claims process differs slightly from case to case, but generally your solicitor will need to:-
- Obtain your medical records;
- Take witness statements from you and, if appropriate, your loved ones;
- Ask medical experts to examine you and write a report upon your injuries;
- Ask a barrister for his/her expert opinion;
- Send a letter of claim to the other side expressing your intention to pursue a claim against them;
- Calculate an appropriate sum of damages;
- Negotiate a compensation settlement with the other side.
Your solicitor will be there to guide you through the process, explaining each stage as you go along. It is very unusual for a claim to end up in court, as both sides prefer to settle before court proceedings are necessary.
Contact us today
If you would like to make a claim for a third degree tear or a fourth degree tear, please get in touch with us today. We are specialists in this area of the law and will be more than happy to help you.
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