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Understanding perineal and vaginal tears

What is a perineal tear?

A perineal tear is where the area between the anus and vagina, called the perineum, tears during childbirth. Minor tears are quite common, but some vaginal tears can be much more serious, leading to a longer recovery.

These tears can often be avoided and if left untreated can cause:

  • Bladder issues.
  • Bowel issues.
  • Sphincter issues.
  • Persistent pain.
  • Incontinence.
  • Infection.
  • Haematomas.

Where perineal tears are not treated properly, they can cause permanent damage.

In some cases, a medical professional may need to cut the perineal area when they perform an episiotomy, to help with the baby's delivery. Sometimes this may extend and cause a perineal tear.

Not all tears give rise to a claim. However, in certain circumstances, where there has been medical negligence, you may be eligible to make a claim for perineal tear compensation.

The four degrees of perineal tears

There are four degrees of perineal tears, we look at the different degrees below:

First degree

A first-degree tear is when the perineal skin and/or the vaginal mucosa are injured.

Second degree

A second-degree tear is where the perineum is injured. This includes the perineal muscles but not the anal sphincter.

Third degree

A third-degree tear needs stitches to close the tear. Third degree tears mean that the skin, the back of the vagina, and the muscles of the perineum have been torn. They usually require surgery and anaesthetic.

Fourth degree

A fourth-degree tear is the same as a third-degree tear but worse, because it tears as far as the rectum.

Where a perineal tear is severe it can take a long time to heal. It can also make it very difficult for a mother to look after her newborn baby.

As well as vaginal and perineal tears, some women suffer a periurethral laceration. This is a small tear at the top of the vagina where the urethra opens, which requires surgery.

Perineal tears in childbirth are fairly common. The Royal College of Obstetricians & Gynaecologists reports that “up to 9 in every 10 first-time mothers who have a vaginal birth will experience some sort of tear, graze or episiotomy”.

Common causes of perineal and vaginal tears

There are various causes of perineal or vaginal tears which include:

  • Where medical staff did not act on medical issues.
  • When a newborn baby is larger than 4kg.
  • When the second stage of labour is prolonged.
  • The use of instruments in labour, such as forceps and ventouse.
  • Substandard medical care.
  • A midline episiotomy, which is where medical staff make a slight tear to help delivery.
  • Occiput posterior position.
  • A first vaginal delivery.
  • Previous third or fourth-degree tears.

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Perineal tears are not always preventable. However, where medical care is substandard, they are often avoidable. Examples may be where the perineal tear is missed, misdiagnosed or mistreated.


Medical negligence and your rights

When does a perineal tear become medical negligence?

Substandard medical care can cause perineal tears during childbirth. Some examples of where medical negligence causes perineal tear injuries include:

  • Not advising correctly before birth.
  • Failing to recognise risk factors.
  • Not taking adequate steps before childbirth to reduce the risk of a tear.
  • Not repairing a tear immediately following birth.
  • Delayed diagnosis.
  • Not reacting to signs of infection or unusual symptoms.

 

Time limits for making a perineal tear negligence claim

Perineal tear negligence claims, like all personal injury claims, are time limited.

All claims must be settled, or court proceedings started, within three years of the medical negligence, or three years from the date that you could have been expected to be aware that your perineal tear could have been caused by the treatment (or lack of it).

There are a couple of exceptions to the three-year time limit.

The first, is where a person lacks the capacity manage their own case independently. If this is the case, there is no time limit for someone to make a claim on their behalf. This is assessed on a case-by-case basis and requires more than simply needing assistance. However, if the claimant regains capacity at any point after the accident, even briefly, the standard three-year period will begin from that date, meaning the claim must either be settled or court proceedings must be initiated within that timeframe.

The second is where the injury happens to a person under the age of 18. If this is the case, a person can apply on their behalf as a ‘litigation friend' until they turn 18. If no one does this, after turning 18, they have until age 21 to either settle their claim or start court proceedings.

However, we strongly advise you to make your claim for medical negligence immediately, as our expert perineal tear negligence solicitors need time to make the application on your behalf.


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Group Finance Officer

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Making claims against the NHS or private hospitals

Can I make a perineal tear compensation claim against the NHS?

If you experience NHS negligence through a perineal tear, you may be able to make a medical negligence compensation claim.

You may be worried that making a claim against the NHS will affect it negatively, which is perfectly understandable. You don't need to worry: any claims against the NHS are handled by NHS Resolution. This is like an NHS insurance company, and makes sure that there's always a separate fund to cover perineal tear medical negligence claims. A government-backed clinical negligence scheme for general practice (CNSGP) has also been operating since 2019.


Can I sue a private hospital for perineal tear negligence?

When you make a medical negligence claim, including one for a perineal tear, it doesn't matter if the hospital is an NHS hospital or a private hospital. Where medical negligence led to your perineal tear, you usually have a right to make a compensation claim.


Frequently asked questions...

Yes, your GP has a duty of care to you. If they've failed to uphold this and you have been affected as a result, we can help you make it right. Read more about claiming for GP negligence here.

We are paid by the specialist personal injury solicitors who we work with because we promote their work through the service we offer.

There are no upfront costs or unexpected fees when you start your claim with us. Our advice is free and your solicitor will work on a no win no fee basis, meaning that you won't pay a penny for your claim unless it is successful.

If your claim is successfully settled, you'll pay some legal costs to your solicitor from your compensation. These will be agreed between you and your solicitor before you start your claim, so there will be no surprises.

Read more about no win no fee.

Compensation for perineal tear medical negligence

If you suffer a perineal tear due to medical negligence you may be able to make a medical negligence compensation claim.

It's likely that you've not only experienced physical, but also psychological discomfort or injury as a result of a perineal or vaginal tear. A longer recovery may also lead to financial losses. The following list outlines some of the reasons to make a perineal tear medical negligence claim:

  • To recognise that you have suffered pain and discomfort that was not your fault.
  • To pay for care or treatment that you may have received or may require in the future, due to the medical negligence.
  • To pay for any adaptations to your home or vehicle.
  • To cover childcare costs.
  • To cover any loss of income because of reduced working hours or an inability to work.
  • To ensure the medical staff do not make the same medical negligence mistake again on another mother.

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Compensation for perineal medical negligence is calculated according to the circumstances of the claim. It's therefore impossible to give you an accurate figure of the amount of compensation you might receive at the outset.

However, you can get a rough idea of the amount of personal injury compensation you may receive by using our online compensation calculator.

Damages for medical negligence claims are split into general damages and special damages:

  • General damages cover pain, suffering and loss of everyday amenity.
  • Special damages are financial losses you've experienced as a direct result of your injury.

Personal injury compensation amounts for general damages are published by the Judicial College, which is the government department in the Ministry of Justice.

Usually, you will receive general damages and special damages and these totalled together will make your total compensation claim.

Some factors that will be taken into account in calculating your claim are:

  • The degree of the tear.
  • The treatment you have already undergone.
  • The impacts of the medical negligence on your daily life.
  • Any expenses you have suffered as a result of your perineal tear.
  • Loss of earnings due to medical negligence
  • Potential future losses you could suffer.

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Our expert panel of perineal tear medical negligence solicitors usually work on a no win no fee basis. This means that they arrange a no win no fee (or ‘conditional fee') arrangement with you. Essentially, this type of agreement means that you have no financial risk - if you lose, you pay nothing, and if you win, the fees and costs come from your compensation award.

When you make a no win no fee claim with us, your personal injury lawyer will take out insurance on your behalf that covers all of your claim costs and expenses. This includes medical report fees, court fees and barristers' fees. So long as you comply with the terms and conditions, you won't have to make any upfront payments and there will be no hidden surprises.

If for any reason you are not eligible to enter into a no win no fee agreement, your solicitor will advise you of this at the outset and explain any alternative options to you.

If you are eligible to make a perineal tear compensation claim with National Accident Helpline, our solicitors will guide you through the process, from start to finish.


Starting your perineal tear compensation claim

You may be eligible to make a perineal tear compensation claim. If your perineal tear could have been prevented, it is likely to be caused by medical negligence, so you should be able to make a compensation claim.


There are lots of reasons why you should choose National Accident Helpline to support your medical negligence claim. We have over 31 years of experience in medical negligence, including perineal tears. Our expert advisors endeavour to get the best outcome for you and offer a free, no-obligation chat, to determine whether you're eligible to make a claim.

If you make a perineal tear claim with National Accident Helpline, you can rest assured that your claim will be dealt with by highly experienced solicitors who are known for their ability to make successful medical negligence compensation claims.


We offer a simple and stress-free claims process for perineal and vaginal tear negligence claims. Give us a call on 0800 376 0150 or start your compensation claim here.

Initially, our expert advisors will talk to you about the circumstances leading to your perineal or vaginal tear, and what occurred after. You're under no pressure to make a claim. However, if you do decide to proceed, our specialist solicitors will process your claim.

And if you want a rough idea of how much compensation you might get if you make a perineal tear compensation claim with National Accident Helpline, you can use our online compensation calculator.

Give us a call today on , or request a call back here. Alternatively, you can even start your claim online.



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How long do perineal tear negligence claims take?

How long your perineal tear negligence claim will take, will very much depend upon your individual situation. The circumstances surrounding your medical negligence claim will determine how long it will take. For example, if the party you claim is at fault admits liability, your medical negligence claim could be processed faster.