Perineal Tear Claims

What are Perineal Tears?

A perineal tear is a tear of the perineum (the area between the vagina and the anus).  This is a birth injury that affects mothers in childbirth.  Approximately 90% of mothers suffer perineal tears, however they tend to be minor tears that heal quickly without need for much medical intervention.  However, some vaginal tears can be more severe, take longer to recover and could be the result of medical negligence.

Why Choose Hanahoe and Hanahoe LLP

Hanahoe and Hanahoe LLP are an award-winning solicitor’s firm, who have been advising clients on Medical Negligence Claims* for over forty years. We understand that perineal tears are a very sensitive and private issue. As such we ensure that our solicitors not only provide our clients with the appropriate advice, but that they do so in a compassionate and respectful way. If you, or your family member, has sustained a third- or fourth-degree perineal tear during childbirth, due to substandard medical care, one of our medical negligence solicitors* will be happy position to advise you on your options and whether we believe that you have a potentially medical negligence case*.

Common Causes of Perineal Tears

There are a number of recognised risk factors where a mother is more likely to sustain a perineal tear:-

  1. If the baby weighs more than 4kg.
  2. If the baby is delivered by way of induction.
  3. If there has been a long second stage labour.
  4. If there is shoulder dystocia.
  5. If there has been a midline episiotomy.
  6. If there has been a forceps delivery.

Types of Perineal Tears

There are a number of degrees of perineal tears.  As previously stated, perineal tears are very common, so just because you have sustained a perineal tear, does not mean that you have a potential medical negligence claim*.

There are 4 Types of Perineal Tears

First-degree tears are the least severe. They involve the skin between the vaginal opening and the rectum and the tissue directly beneath the skin.

Second-degree tears – there is an injury to the perineal skin and/or vaginal mucosa.  This is a deeper tear than the first-degree tear.  It is an injury to the perineum involving perineal muscles, but not involving the anal sphincter.  It can usually be treated by dissolvable stitches.

Third-degree tears – this is a deeper tear where it tears the skin, the back of the vagina, and the muscles of the perineum.  Third-degree tears extend to the anal sphincter.  Third degree tears will need to be stitched.

Fourth-degree tears – these are the deepest of all tears and involve the tear extending to the rectum.  Fourth-degree tears require stitches and will generally be repaired in theatre.  Fourth-degree perineal tears generally take a long time to heal.

Symptoms of Perineal Tears

If not treated properly perineal tears can cause the following symptoms:

  1. Pain
  2. Bladder, bowel and sphincter issues.
  3. Incontinence
  4. Flatulence
  5. Psychological injury.

What is considered substandard medical treatment that results in perineal tears

From our experience, the most causes of substandard medical treatment, where clients has a stateable perineal tear medical negligence claim are:

  1. Not recognising the risk factors for perineal tears.
  2. Failing to advise a mother properly before giving birth.
  3. Not taking steps to minimise the risk of perineal tears.
  4. Failing to diagnose and repair a perineal tear immediately after childbirth.
  5. Delay in diagnosing a perineal tear.
  6. Failure to react to the signs of infection.

Frequently asked questions

Do I have a case if I have suffered a 1st or 2nd degree Perineal Tear?

We can never give advice without taking detailed instructions from a client. However, as  a general rule 1st and 2nd degree Perineal Tears are not caused by negligence. This however should not be taken as legal advice.  All medical negligence cases are different and will turn on the individual facts of each case. If you have a query about a 1st or 2nd degree perineal tear, one of our solicitors will happily advice you.

How do I prove that my Perineal Tear was as a result of negligence?

In order to prove that your perineal tear was caused by negligence, you will need to obtain an opinion from a suitably qualified expert, in this case a Gynaecologist, to state that there has been a breach of duty of care. However, just because you have an expert opinion stating that there was negligence, does not necessarily mean your case will be successful, as the defendants may have their own expert who states that there was no a breach of duty. In such circumstances, the only way to prove negligence is by going to Court and seeing which experts evidence the Judge prefers. 

How long does a medical negligence case* take?

Unfortunately, this is like asking how long is a piece of string. Each case is different. It will very much depend on whether liability is at issue and how long it takes you to recover from your injuries and/or obtain a definite view on your injuries from your medical practitioners.

Our Hanahoe and Hanahoe LLP the right firm me?

We certainly hope so. At Hanahoe and Hanahoe LLP we have vast experience in bringing medical negligence claims*. We can assure you that not only will you get the best advice, but that your case will also be dealt with in a diligent, proactive and  compassionate manner.

*In contentious business, a solicitor cannot calculate fees or other charges as a percentage or proportion of any award or settlement.