Perineal & vaginal tear compensation claims

There are four degrees of perineal tears. We look at the different degrees below. 

First degree 

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

Second degree 

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

Third degree

A third-degree tear needs stitches to close the tear, which will usually require theatre as well as anaesthetic. It affects the:

• skin
• back of the vagina
• muscles of the perineum

Fourth degree

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

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. 

In addition to the above degrees of tears, some women suffer a periurethral laceration. This is a small tear at the top of the vagina where the urethra opens. You need surgery to repair this.

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

• if it is your first pregnancy
• if your ethnic origin is a South Asian country
• if you have multiple births
• 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
• having an induction
• an epidural
• shoulder dystocia
• 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

Perineal tears in childbirth are fairly common. Minor tears, for example, affect about 90% of mothers when they give birth.

Perineal tears are not always preventable. However, they can be preventable where substandard medical care has caused them. For example, where the perineal tear is:

• missed
• misdiagnosed
• mistreated

Medical negligence can cause perineal tears during childbirth. The following are examples of what counts as medical negligence concerning perineal tear injuries:

• not advising correctly before birth
• failing to appreciate that certain women have 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 infection signs or other strange symptoms

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. If this is the case, you can likely make a compensation claim.

If you are a victim of NHS negligence through a perineal tear, you may be able to make a medical negligence compensation claim. Some people worry about claiming against the NHS but where the NHS has been negligent, it is only fair you make a claim to aid in your recovery or future complications you may experience.

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.

If you suffer a perineal tear due to medical negligence you may be able to make a medical negligence compensation claim. There are many reasons why you should make a compensation claim, such as:

• for recognition that you have suffered and experienced preventable pain
• to pay for the care and treatment you will require due to medical negligence, such as therapies
• adapting your bathroom to accommodate you
• childcare help
• to give you a sense of justice after a medical practitioner's wrongdoing
• to ensure the medical staff do not make the same medical negligence mistake again on another mother

The amount of compensation a woman could get when she makes a perineal tear medical negligence claim varies on a case-by-case basis. Many factors will affect this, for example, :

• the degree of 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

Compensation for perineal medical negligence is calculated according to the circumstances of the claim. Usually, you will receive general damages and special damages and these totalled together will make your total compensation claim. 

You can get some idea of the amount of personal injury compensation you may receive by using our online compensation calculator.

If you are eligible to make a perineal tear compensation claim, with National Accident Helpline, you can do this on a no win no fee basis. When you make a no win no fee claim with us your personal injury lawyer will take out insurance on your behalf that will cover all your claim costs and expenses including medical report fees, court fees and any barrister fees; so long as you comply with their terms and conditions, you won't have to pay any costs upfront, and there are no hidden surprises.

Perineal tear negligence claims, like all personal injury claims must be made within three years of the injury,  or you must make it within three years from the date you were aware that medical negligence caused your perineal tear. This is what is termed the date of knowledge. 

However, we strongly advise you to make your claim for medical negligence immediately as the longer you leave it the less time our solicitors get to process your claim. 

There is no set time for the claims process for perineal tear negligence. 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.

There are lots of reasons why you should choose National Accident Helpline to support your medical negligence claim. One is our expertise and experience in medical negligence claims, including perineal tears. We also have caring helpline advisors who genuinely pay attention to how you suffered. 

If you make a perineal tear claim with National Accident Helpline it means your claim will be dealt with through highly experienced solicitors who are known for their ability to make successful medical negligence compensation claims.