Compensation for a misdiagnosed 3rd degree perineal tear

The story

Our client suffered a third-degree perineal tear during childbirth, which was misdiagnosed and inadequately treated for nearly 18 months. As a result, she endured pain and recurrent infections and developed an anal fistula. We were instructed to investigate a clinical negligence birth injury claim on her behalf.

The details

Our client sustained a deep perineal tear during childbirth, which was diagnosed as a second-degree tear and repaired in the delivery suite. However, after being discharged, our client continued to experience pain and discomfort around the tear and suffered repeated infections. Despite multiple appointments with her midwife and GP, and the use of pain relief medications and antibiotics, her symptoms persisted. Consequently, she was referred for gynaecological review. 
A gynaecologist reviewed our client on several occasions, but her symptoms did not improve. She then requested a referral to another gynaecologist, who noted that the perineal tear had not healed, and recommended surgery to excise (remove) the scar tissue. This procedure took place almost 16 months after the initial tear, and it was only then that the anal fistula was identified. An MRI scan was arranged and an and urgent colorectal referral was made. 
Our client had repair surgery, but unfortunately, her symptoms continued and almost two years after the birth she was informed that she had likely sustained a third-degree tear during delivery. Further referrals were made to a perineal repair clinic and colorectal surgeon.

The impact

Our client suffered ongoing pain and discomfort for several years following the birth of her first child. She also suffered from infections and required further repair surgery.

How we helped

Our client instructed Shoosmiths and was represented by Saxan Bootes and Susan Prior. The team enlisted medical experts in the fields of gynaecology, colorectal surgery and radiology to provide their opinions on our client’s treatment. The evidence supported the claim that our client had sustained a third-degree tear during childbirth, which the hospital had misdiagnosed it as a second-degree tear. As a consequence, the third-degree tear was not adequately repaired. 
The experts also advised that gynaecologists had failed to properly examine our client or diagnose the anal fistula, leading to a delay in adequate treatment. 
We sent a formal Letter of Claim to the defendant, setting out our client’s allegations of negligence. In the defendant’s Letter of Response they admitted breach of duty and causation. The claim was concluded by Saxan Bootes, who secured a six-figure settlement for our client. 

What our client said 

“Thank you for your outstanding support, dedication and expertise. I genuinely appreciate the hard work and effort you invested in my case. I am truly grateful for your role in bringing about a successful settlement. I would not hesitate to recommend your services to anyone in need of legal assistance”. 

Disclaimer

This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. © Shoosmiths LLP 2025