Perineal Tear Claims

The perineum is the area between the vagina and the anus. The perineum can tear during childbirth. Sometimes a cut is be made during labour to this area to assist with delivery (known as an episiotomy). This can extend and become a tear. Serious tears may be able to be repaired surgically.
 

Tears to the perineum can be extensive and can extend into the anal canal and rectum (known as a fourth-degree tear). Tears can cause significant physical and psychological consequences with ongoing issues with continence (both urinary and faecal) and sexual function. There can also be issues with infection.

Whilst some degree of perineal tearing is common during birth and not a matter of any negligence, claims for medical negligence can arise where:

• There were failures to minimise the risk of tearing (such as a protective episiotomy).
• There was a failure to diagnose and repair a tear in sufficient time such that repair and reconstruction surgery was less successful than it would have been had it been done earlier.
• A tear was misdiagnosed as a less severe tear and so not treated properly.
• There was a failure to diagnose infection resulting from a tear.

These situations can leave the affected woman with permanent problems.

To bring a successful claim it has to be proven that the care provided was below a reasonable standard and that this caused or worsened the tear or otherwise caused injury.

Perineal Tear Compensation

The impact of a significant perineal tear can be considerable and can lead to an enormous loss of confidence and psychological problems as well as the physical issues. Problems with continence, for example, can impact significantly upon working life and lifestyle more generally. Compensation in this area may include any loss of earnings as well as the costs of treatment and therapies and a sum for pain and suffering. The amount of compensation will depend upon the extent of the injury and the impact on day to day life.

If you or a family member is concerned about medical treatment in this area, please contact us to discuss how we can help.

Your claim - why us?

Your case will be investigated by our specialist lawyers, led by a partner. We understand how traumatic the consequences of a perineal tear can be and will provide a highly sensitive and supportive service. We work closely with leading experts including midwives and consultant obstetricians to assess the strength of a claim.

We then work with further experts to consider a client’s long term needs and the full amount of compensation required. We will advise upon options to seek funds for early interventions and rehabilitation not available on the NHS where possible.

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

Frequently Asked Questions

What are the degrees of perineal tearing?

There are 4 degrees of tear, depending on how deep they are and how far they go:

• First-degree tears are small and affect only the skin
• Second-degree tears are deeper and affect the muscle of the perineum and the skin
• Third-degree tears also involve the anal sphincter muscles which control bowel movements.
• Fourth-degree tears extend from the vagina, through the perineal area and sphincter muscles and into the rectum.

 

What types of tear require surgery?

Third and Fourth degree tears need to be repaired surgically. Second degree tears usually require stitches whilst first degree tears usually heal naturally.

 

Is there a time limit for bringing a perineal tear claim?

There are strict time limits for bringing a negligence claim for injury in England and Wales.   This is called the limitation period. 

For adults, the usual rule is that a claim must be formally started at Court within three years of the date the negligence occurred, or of the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later). 

If a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.

Where a claim relates to someone’s death, the claim should be started at Court within three years from the date of death or from the ‘date of knowledge’ (if that is later).

There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.

It takes time to investigate a claim, so you should contact us as soon as possible.

 

What is the process for bringing a claim?

We start by obtaining evidence such as medical records, witness statements, and expert evidence to prove that your condition was worsened by medical negligence. 

We also calculate the amount of compensation that can be claimed.  Typically this involves instructing experienced experts to advise on the additional needs which you now have because of the negligence, in order to maximise the level of compensation. We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for the injury) or their insurer. 

In some cases settlement is agreed at an early stage.  In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read Our Guide to Making a Claim.

 

Can claims be brought in relation to private and NHS medical treatment?

Yes. Where treatment was provided through the NHS, the claim is usually brought against the responsible NHS organisation (such as the Hospital Trust or Primary Care Trust).

Where the treatment was privately funded, the claim is often brought directly against the private hospital, or the private medical practitioner, that provided the treatment.  Hospitals and private practitioners are typically insured or indemnified for negligence claims.

 

Will my case be decided by the Court?

Probably not. The vast majority of medical negligence claims are not decided by the Court.

Successful claims are usually resolved by agreement of a settlement either before or during formal Court proceedings. 

Occasionally, the Court will decide a case, if it cannot be resolved any other way.

 

Can I make a 'no win, no fee' perineal tear claim?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not (in almost all cases) have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?

 

Other organisations and resources that may help

• APIL (Association of Personal Injury Lawyers)