Perineal tearing claims

Tearing claim FAQs

• What are the risk factors for perineal tearing?

  Several factors can increase the risk of experiencing a tear during childbirth, including:

  • First vaginal birth: Women having their first vaginal delivery are at a higher risk because it is the first time the perineum is experiencing this stretching.
  • Large baby: Babies weighing more than 4 kg (approximately 9 lbs) can put more pressure on the perineum and so increase the likelihood of tearing.
  • Prolonged second stage of labour: A longer pushing phase, while the baby is in the birth canal, can contribute to the risk.
  • Rapid delivery: Where the baby descends very quickly through the birth canal, which means that the perineum does not have time to stretch gradually.
  • Instrumental delivery: The use of forceps or ventouse assistance during delivery can increase the chances of a tear.
  • Shoulder dystocia: This occurs when the baby’s shoulder gets stuck behind the mother’s pubic bone during delivery. Specific skill in manoeuvring the baby safely out of the birth canal is required.
  • Older maternal age: Older mothers may have a higher risk due to reduced elasticity.
  • Episiotomy: An incision made in the perineum to assist delivery can sometimes lead to more severe tears. Episiotomy used to be very common during childbirth, but this technique is no longer routinely used.
• What complications can arise from a perineal tear?

  Complications from perineal tears can vary depending on the severity of the tear and how it is treated or managed:

  • Pain: Persistent pain in the perineal area, especially during activities like sitting or walking.
  • Infection: The wound can become infected, leading to redness, swelling, and discharge.
  • Bleeding: Significant bleeding can occur, particularly with more severe tears.
  • Bladder issues: Damage to the pelvic floor muscles can lead to urinary incontinence, which can be temporary or long-term.
  • Bowel issues: Difficulty controlling bowel movements, especially with third- and fourth-degree tears, potentially causing fecal (bowel) incontinence.
  • Sexual dysfunction: Pain during sexual intercourse and reduced sexual function and sensation.
  • Delayed healing: The tear may reopen or take longer to heal, requiring additional medical intervention.
  • Emotional impact: Feelings of trauma, depression, and impaired bonding with the baby due to pain and recovery time. The trauma of a tear and impact on sexual function can also affect the relationship with a partner.
• How do I know if I have a medical negligence claim for a perineal tear?

  Contact us and one of our experienced solicitors will assess your case to determine whether you have a valid medical negligence claim. We will need to establish a few key elements:

  Duty of care: You must show that the healthcare provider owed you a duty of care. This is generally straightforward in a medical setting, as healthcare professionals are expected to provide a standard level of care.

  Breach of duty: You need to prove that the healthcare provider breached this duty by failing to meet the standard of care that a reasonably competent healthcare provider would provide under similar circumstances.  In the context of tears, this could include:

  • Failure to recognise risk factors: If healthcare providers do not identify and manage known risk factors for perineal tears, such as a large baby or prolonged labour, the risk of severe tearing can increase.
  • Improper use of instruments: Incorrect use of forceps or ventouse during delivery can cause or worsen perineal tears.
  • Inadequate episiotomy: An episiotomy (a surgical cut made at the opening of the vagina during childbirth) that is performed incorrectly or unnecessarily can lead to more severe tearing.
  • Delayed or inadequate repair: If a tear is not promptly and properly repaired, it can lead to complications and worsen the injury.
  • Lack of proper supervision: Inexperienced or unsupervised medical staff may not handle the delivery process correctly, increasing the risk of tears.

  Causation: You must demonstrate that the breach of duty directly caused harm to you or your baby. This means showing a clear link between the healthcare provider’s actions (or inactions) and the injury or illness suffered.

  Damages: Finally, you need to show that you suffered damage as a result of the negligence. This may include physical injury, emotional distress, additional medical expenses, and other related costs.

  You do not need to address these issues on your own. If you believe these factors may apply to your situation, please contact us. We would be pleased to comprehensively assess your case and assist you in understanding your legal options, including whether you may have a valid claim.

• What evidence do I need to support my claim?

  To support a claim for a tear due to medical negligence, we will help you gather several key pieces of evidence:

  • Medical records: We will obtain all relevant medical records, including prenatal care, labour, and delivery notes. These records will enable us to consider whether there were any failures in the care provided.
  • Witness statements: Statements from anyone who witnessed the care received, such as you and your family.
  • Expert evidence: Independent medico-legal experts provide opinions on whether the standard of care was breached and how this breach caused harm (causation). Their testimony is crucial in establishing negligence. They are also needed to support the losses claimed.
  • Complaints correspondence: Any communication with healthcare providers, including emails, letters, and a complaints response.
  • Photographs and videos: Visual evidence and any visible symptoms can be useful in illustrating the harm caused.
  • Financial records: Documentation of any financial losses incurred due to the negligence, such as medical bills, travel expenses, and lost income, can support your claim for compensation.
• How do I claim compensation for tearing?

  Contact us for a free initial consultation. One of our expert medical negligence solicitors will assess the details you give us and advise you whether they think your claim has reasonable prospects. They will help you to understand your options and explain the legal process and what you can expect. They will also talk to you about funding the case.

  We understand that if you are worried that something has gone wrong during the birth of your child, you may be in pain and you may be upset and confused. To put you at ease, a member of our experienced team will talk to you about your concerns and can advise on the steps to be taken. They will also discuss with you how your claim can be funded, including whether the option of legal aid is available to you.

  To begin a claim:

  Call us on 03700 868687

  OR

  Message us using our enquiry form and we will get in touch.

  If you have a case, we will be with you throughout the legal process, visiting you in person to help you find out what has happened and to claim compensation for you and your family if there has been negligence.

• How much compensation can I expect for a perineal tear claim?

  The amount of compensation you can expect for a perineal tear claim depends on several factors, including the severity of the injury and the impact on your life. Here are some general guidelines:

  Type of damages

  • General damages: These cover pain, suffering, and loss of amenity (how your injuries have affected your lifestyle or way of life).
  • Special damages: These cover financial losses and expenses incurred due to the injury and may include medical costs, ongoing care, travel expenses, treatment costs and loss of earnings. Anticipated future costs can also be claimed.

  Speaking with one of our specialist injury solicitors will enable us to give a more accurate estimate based on your individual situation.

• How long do I have to make a claim after experiencing a perineal tear?
  In general, you have three years from the date of the injury or from the date you became aware of the injury to make a compensation claim for a perineal tear. This time limit ensures that claims are made while evidence is still fresh and relevant. 
  
  However, the rules on limitation are complex and so it is important to consult with a specialist solicitor as soon as possible to ensure you don’t miss any critical deadlines. We can provide detailed advice based on your specific situation and ensure that a claim is investigated in good time. 
• Can I make a claim on a ‘no win, no fee’ basis?

  Yes, you can make a perineal tear medical negligence claim on a ‘no win, no fee’ basis. This arrangement, also known as a Conditional Fee Agreement (CFA), means that you do not have the financial risk of paying legal fees upfront. If your claim is successful your opponent pays most of your legal costs and only any unrecovered costs will come from a percentage of your settlement, that we agree with you in advance.  An insurance policy will protect you if your claim is unsuccessful.

  There are other forms of funding available in some cases and we will discuss the details of these with you when we take on your case.

• Can I get legal aid funding for a perineal tearing claim?

  Legal aid can help cover the costs of pursuing a birth injury compensation claim in circumstances where your baby has suffered a brain injury either during pregnancy, at birth or during the first 8 weeks of life. When we speak to you, we will be able to assess whether your claim will be eligible for legal aid. If you are not eligible then we can advise you about other methods of funding, including ‘no win, no fee’ agreements and insurance policy funding. 

  Talk to one of our medical negligence lawyers to find out if you qualify for legal aid. 

• How long does it take to settle a perineal tear compensation claim?

  The time it takes to settle a perineal tear compensation claim can vary widely depending on:

  • Complexity of the case: More complex cases, especially those involving severe injuries can take longer to resolve.
  • Evidence gathering: The time needed to collect medical records, expert opinions, and other evidence can impact the duration of the claim.
  • Defendant’s response: If the healthcare provider admits liability, the process can be quicker. However, if they contest the claim, it may take longer and could potentially go to court.
  • Negotiation and settlement: Most claims are settled out of court through negotiations, which can speed up the process.
  • Court proceedings: If it is necessary to start court proceedings, it can take several years to reach a conclusion. However, there are still opportunities to settle the claim throughout that process.

  Once a settlement is agreed, you can expect to receive your compensation within a few weeks.

  Each case is unique; speak to one of our specialist solicitors who can provide a more accurate timeline based on the specifics of your situation.