If your third degree tear was not diagnosed after the birth of your child, you could be entitled to claim compensation. Here we explore missed third degree tear settlements in more detail.
Claiming for a missed third degree tear
A third degree tear is when the perineal muscles and external anal sphincter tear during childbirth. It is a serious injury that around 9% of women giving birth in the UK will suffer. It should be diagnosed shortly after the delivery during an examination, which can be carried out by either a midwife or a doctor. It must then be repaired in theatre by an experienced surgeon.
There is no valid reason why a third degree tear should be missed. Even so, there are times such an injury remains undetected, and in the overwhelming majority of cases this is due to medical negligence. For example, there will be a case of negligence if:-
- An examination is not performed after the delivery
- An examination is performed but the injury is not detected
- An examination is performed but the injury is wrongly diagnosed as a more minor tear
If a woman does sustain a third degree tear but this is not diagnosed at the time, she should speak to a solicitor about her options. If a solicitor believes there is a case of substandard medical care, it will be possible to pursue a compensation claim.
Compensation for missed third degree tear
If a missed third degree tear claim is successful, a woman will be awarded a sum of compensation. This settlement will be made up of two elements:-
- General damages, which reflect the pain, suffering and loss of amenity. This refers to both physical and emotional pain and suffering.
- Special damages, which reflect the actual financial loss that has been incurred because of the negligence. This includes things such as a loss of earnings, the cost of medical treatment and the cost of care.
The Claimant’s solicitor will calculate an appropriate settlement, using the advice of a barrister, medical experts’ reports and a schedule of financial damages as guidance. This figure will be proposed to the other side (the Defendant) and negotiations will ensue until a settlement is agreed upon. It is up to the Claimant’s solicitor to ensure the final settlement duly reflects the damages that have been incurred.
Every case is different, so it is not possible to say exactly how much compensation will be awarded for a missed third degree tear. Nevertheless, if you contact a medical negligence law firm for an initial enquiry, they will be able to advise you upon similar cases they have handled and the outcomes that were achieved.
To speak to a solicitor today about a missed third degree tear compensation settlement, contact us today.
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