Vaginal or perineal tear claims

If you suffered a perineal or vaginal tear during childbirth as a result of medical negligence, you may be entitled to make a perineal tear compensation claim.

Get free impartial advice with no obligation
A risk-free, No Win No Fee service
Experienced solicitors available nationwide

Call 0800 470 0474 Request a Callback

We are a claims management company regulated by the Financial Conduct Authority.

Perineal Tear Claims

Childbirth carries a series of risks for the mother, including perineal tears. These refer to a laceration of the tissue between the vaginal opening and the anus, which can vary in severity from minor tears to a complete rupture of the perineum. Perineal tears can occur for various reasons, such as a large baby or the use of forceps during delivery.

While it is challenging to prevent vaginal tears completely, there are several steps your healthcare provider should take to minimise risks and ensure proper healing in case of injury. A failure to provide a reasonable standard of care can result in unnecessary suffering and a perineal tear claim.

To find out if you can make a medical negligence compensation claim, call 0800 470 0474 today for a free consultation with a legal adviser or use our contact form to request a call back.

Find out if you can claim

Call 0800 470 0474 now or request a call back below:

By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

What is a perineal tear?

A perineal tear is a laceration or injury to the perineum, which is the area between the anus and the vulva (vaginal opening). It can happen during delivery due to the overstretching of the skin and muscles as the baby passes through the birth canal.

There are four degrees of perineal tears based on their severity and the extent of tissue damage:

First degree tears involve only the skin around the vaginal opening and perineum or the urethra. They usually cause minimal bleeding and some pain or stinging when urinating. They often heal naturally without the need for stitches.
Second degree tears extend deeper and involve the muscles of the perineum. They typically need stitches and cause moderate pain and discomfort during recovery, which may take three to four weeks.
Third degree tears extend into the muscles surrounding the anal sphincter and need surgical repair immediately after delivery. They may lead to significant pain and complications such as infection and urinary incontinence.
Fourth degree tears are the most severe, as they also affect the membrane that lines the rectum. They require extensive surgical repair and can lead to complications such as loss of bowel or bladder control.

Minor perineal trauma affects up to 85% of births, while more severe tears occur in 2.9% of all vaginal births and 6% of first births.

What can cause a perineal tear during childbirth?

Since the baby stretches your vagina and perineum during childbirth, minor tearing is typical and expected. However, some risk factors increase your chances that a tear is more likely to occur or to be more severe, including:

Having your first pregnancy
The use of forceps or a vacuum during delivery
Having a large baby that weighs over 4 kg
A rapid labour that does not allow the tissues to stretch gradually
A lengthy second-stage labour
An abnormal position of the baby during delivery
Shoulder dystocia
The induction of labour or administration of an epidural
Having had a 3rd or 4th degree tear in a previous pregnancy
Having multiple births

Your healthcare provider must consider your risk factors and take reasonable steps to prevent avoidable harm, such as performing an episiotomy. This is a surgical cut that makes the vagina a bit wider to help the baby come out and avoid a severe tear. A failure to do so could entitle you to make a perineal tear compensation claim.

Perineal tear treatment and possible consequences

The treatment for perineal trauma will depend on the severity of the tear:

If you have suffered a first-degree tear, you will probably make a full recovery without needing stitches. Your doctor may recommend some pain relief methods, such as keeping the area dry or sitting on a pillow, to reduce discomfort and help the healing process.
A second degree tear will usually require a few dissolvable stitches to repair the torn muscle and skin, along with prescribed pain relief medicine and recommendations for avoiding strenuous activities during healing.
Third or fourth degree tears involve multiple layers of tissue and need more extensive surgical repair of the perineal muscles and possibly the anal sphincter. This is typically performed immediately after surgery and may require a more extended hospital stay and physical therapy.

While most perineal tears are not very severe and will heal completely, some women can suffer more severe consequences, especially if the injury is not adequately treated. These include:

Prolonged pain and discomfort, especially when sitting or walking
A risk of infection in the wound
Bladder or bowel incontinence
Ongoing pain in the abdomen or pelvis
Pain during sexual intercourse and a decreased quality of life
Pain when passing urine
Developing a fistula (hole) between the vagina and the anus
Sphincter issues and flatulence
Developing scar tissue
Prolapse of the bladder, uterus or rectum into the vaginal canal

Am I eligible to make a perineal tear compensation claim?

If you have suffered a perineal tear during birth, you may be able to claim compensation for your pain and suffering. As a general rule, you are entitled to make a claim if you can establish the following:

A duty of care. All medical professionals, including obstetricians and midwives, have a legal duty to provide competent and safe care to mothers during childbirth.
A breach of duty occurs when healthcare professionals fail to meet the standard of care expected, leading to avoidable harm. In a perineal tear claim, this may include a failure to assess risk factors or perform an episiotomy.
Causation involves proving that the negligence directly resulted in the injury and that the tear would not have occurred or would have been less severe with proper care.
Damages refer to the harm and losses you suffered and want to include in your claim, such as pain, suffering and out-of-pocket expenses.

If these can be proven in your case, a personal injury solicitor will offer you a no win no fee agreement and help you get the compensation you deserve without any financial risks.

Negligent care that could lead to a medical negligence claim

As mentioned above, the doctors, midwives and other medical staff that assist you during childbirth owe you a legal duty of care. They must take all reasonable measures to protect your health and well-being, which includes keeping you safe from suffering an avoidable perineal or vaginal tear.

A failure to adhere to the standard of care during childbirth, however, can result in a perineal tear compensation claim. Examples of such negligent care include:

Failure to perform an episiotomy when needed, such as in the case of forceps delivery or if the baby is in distress;
Performing an episiotomy incorrectly or using improper technique;
Failure to monitor the baby and detect foetal distress;
Failure to assess the mother for risk factors for perineal tears, such as a large baby or maternal obesity;
Not taking adequate steps before and during childbirth to minimise the risk of tears occurring;
Delays in diagnosing or repairing a tear;
Failure to correctly identify the grade of the tear and provide adequate treatment;
Failure to respond to signs of infection or other unusual symptoms;
Using excessive force during a forceps or vacuum delivery;
Not providing proper support to the perineum during childbirth.

This list is not exhaustive, and you may have a claim for perineal tear compensation if you have experienced any other kind of negligent treatment or care during delivery.

Evidence needed to make a vaginal tear claim

If your doctor or midwife breached their duty of care towards you and you want to start a medical negligence claim, you will need various types of evidence to support it. This must prove how your injury occurred, who was responsible for it and how it has affected your life. Some types of evidence you could use to put together a strong case include:

Records that show the prenatal care you have received and any risk factors identified by your doctor;
Detailed records of the labour and delivery process, including the diagnosis and management of the perineal tear;
Expert testimony from a medical specialist who can attest whether the standard of care was breached and your healthcare provider was negligent;
Statements from friends or family members who were present during the delivery or saw how the birth injury has affected you;
Photos that document the extent and severity of the vaginal tear and any subsequent complications or scarring;
A detailed account of your physical and emotional pain, the impact on your daily life, and the recovery process;
A copy of any formal complaints or correspondence between you and the hospital or medical staff;
You also need documentation of financial losses and expenses incurred due to the perineal or vaginal tear, such as hospital bills and travel expenses.

By collecting and presenting this evidence, you can build a solid perineal tear claim and secure compensation for your injury.

Can I make a perineal tear claim against the NHS?

The NHS is a publicly funded healthcare system that typically offers patients a high standard of care, including mothers who give birth. However, mistakes can sometimes occur within the system and lead to perineal tear injuries that could have been avoided by following the relevant guidelines and procedures. In such cases, you may be able to make a medical negligence compensation claim against the NHS.

If you have grounds for a claim, your case will be handled by NHS Resolution, the body responsible for resolving personal injury disputes on behalf of the NHS. NHS Resolution is funded by annual premiums paid by every Trust, and it will cover your compensation award if your claim is successful. You can rest assured that your claim will not affect the funds allotted for patient care and may even help prevent similar injuries to patients in the future.

Likewise, you can bring a claim if you were injured giving birth in a private clinic. Private healthcare providers have the same duty of care towards patients, and they must hold liability insurance to cover any claims for medical negligence made against them.

Time limits to make a perineal tear claim

According to the Limitation Act 1980, you have three years to make a perineal tear compensation claim, starting from the date of the injury. Alternatively, you can start a birth injury claim within three years from the date you became aware that your tear during birth was due to medical negligence. After this three-year period has passed, your case will be statute-barred, and you will no longer be entitled to make a claim for compensation.

To prevent being time-barred and to increase your chances of success, we advise you to seek legal advice as soon as possible. This will make it easier for your solicitor to talk to witnesses, gather supporting evidence and secure the maximum amount of compensation you deserve.

Furthermore, if you start your claim early, your lawyer may also be able to secure interim payments for you. These can help you pay for any medical treatments you may need or cover other financial needs before your case is settled.

How much compensation can I claim for a perineal or vaginal tear?

When it comes to calculating compensation, each case is unique. Your medical negligence solicitor will calculate how much perineal tear compensation you should receive based on your specific circumstances. They will consider two types of damages to ensure you are fully compensated for your losses:

General damages are awarded for the subjective aspects of the injury. These do not have a specific monetary value attached to them and are based on the type and severity of the harm you endured.

The compensation for general damages is calculated based on historical cases and the guidelines from the Judicial College. This will include an assessment of the following:

Physical pain and suffering
Emotional and mental trauma
Long-term impact on the quality of life
Loss of enjoyment of life
Inability to participate in activities or hobbies you previously enjoyed

Special damages aim to compensate you for the financial losses incurred following the tear during childbirth. They are calculated based on evidence such as receipts and other financial documents and may include:

Costs for private medical treatments, such as surgeries
Travel expenses to and from medical appointments and treatments
The cost of care and assistance during recovery
Any equipment needed to support your recovery
Lost wages if you had to take additional time off work

Will my solicitor work on a No Win No Fee basis?

If you have a valid vaginal tear claim, an expert medical negligence solicitor will help you make a claim on a no win no fee basis. They will take on the risk of litigation and will not ask for any upfront fees to offer their services. This ensures you can seek compensation regardless of your financial situation and without taking any risks.

With no win no fee, you only pay your solicitor if you make a successful claim. In this case, their payment will be deducted from your compensation award and is capped at 25% of your settlement. If you lose, you do not have to pay them anything.

You also have further protection against the costs of litigation through an After the Event (ATE) insurance policy that your solicitor will arrange for you. If you lose, the ATE will cover all your expenses, including the defendant’s. You only have to cover the cost of the ATE premium if you win compensation.

To see if you can start a clinical negligence claim for a vaginal or perineal tear, call 0800 470 0474 today or enter your details into our online claim form to request a call back. You will receive a free case assessment, and a legal adviser will be happy to answer any questions you may have.