Last Updated on May 22, 2026 by tanya

Perineal Tearing Claims

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

Can I Claim Compensation for a Serious Perineal Tear?

A serious perineal tear which has been missed, mismanaged or treated incorrectly can lead to a perineal tear claim in England and Wales. If you experienced a 3rd or 4th degree tear and have discovered that clinicians failed to treat it correctly or even misdiagnosed it, you may be asking a crucial question: can I claim compensation?

You can claim for a serious perineal tear if your injury is linked to a substandard level of medical care. This may include misdiagnosis of the severity of the tear, inadequate repair or even poor postnatal monitoring.

Our blog covers signs of a serious perineal tear, when such an injury may have been caused by medical negligence and if so, what to do next.

 

What Counts as a Serious Perineal Tear?

A perineal tear occurs when tissue between the vagina and anus splits during childbirth. NICE (National Institute for Health and Care Excellence) classifies perineal tears as follows:

• 1st degree: injury to skin only
• 2nd degree: injury to the perineal muscles but not the anal sphincter
• 3rd degree: tear extends into the anal sphincter
• 4th degree: tear extends into the rectal lining

Serious perineal tears (3rd and 4th degree), often called often called OASI (obstetric anal sphincter injuries), require immediate recognition and specialist repair. When clinicians miss or incorrectly repair these injuries, complications can occur.

A report on serious perineal tears by NHS Resolution found that six in ten women who claimed for serious perineal tears, had been initially misdiagnosed. In fact, the report highlights that 58% of women had their injuries graded as second-degree tears when they had suffered third or fourth-degree injuries which required specialist repair.

 

When Can You Claim Compensation for a Serious Perineal Tear?

You may be entitled to claim compensation if you can prove three key points:

A duty of care existed: Midwives, obstetricians, and maternity teams owe you a legal duty during childbirth.

That duty was breached: Care fell below an acceptable medical standard.

The breach caused avoidable harm: The injury worsened or went untreated because of that failure.

In perineal tear cases, claims often focus not on the tear itself, but on what happened after it occurred. A severe tear may be unavoidable during childbirth, but delayed diagnosis, incorrect repair, or lack of follow-up care can become negligent.

 

When Does a Perineal Tear Become Negligence?

A serious perineal tear becomes a potential birth injury negligence claim when healthcare professionals fail to act as competent practitioners would in the same situation.

Here are some common examples:

Missed Diagnosis After Birth

Clinicians should carry out a full post-delivery examination. If they fail to identify a 3rd or 4th degree tear, they may miss the opportunity for immediate surgical repair. That delay can significantly worsen long-term outcomes.

Inadequate Repair

A properly identified tear must be repaired by someone with appropriate surgical skill. If stitching is incomplete, misaligned, or performed without specialist input, complications such as incontinence can develop.

Failure to Escalate Care

Guidance requires referral to a senior obstetrician or colorectal specialist for complex tears. However, if staff fail to escalate care, they risk leaving serious injuries untreated.

Poor Postnatal Monitoring

Even after repair, medical professionals are required to monitor healing and bowel function. Ignoring symptoms like incontinence or severe pain may delay corrective treatment.

Discharging Without Proper Advice

Patients should receive clear guidance on pelvic floor care, bowel management, and red flags to watch for. Failure to provide this information may worsen recovery outcomes.

 

Negligence is not just about a tear happening during childbirth. It depends on whether the response met expected standards of medical care or was there a poor standard of care which resulted in harm to the patient.

 

Symptoms That May Signal a Missed or Misdiagnosed Tear

Some symptoms appear immediately after birth, while others develop gradually. Here are some red flag symptoms:

Early warning symptoms (first days/weeks)

• Inability to control wind from the back passage
• Leakage of stool, especially when passing wind
• Persistent perineal pain beyond expected recovery
• Difficulty sitting due to deep internal discomfort
• Signs of wound breakdown or infection 

Later-stage symptoms (weeks/months)

• Faecal urgency or accidental bowel leakage
• Pain during sexual intercourse (dyspareunia)
• Recurrent infections or discharge
• Feeling of incomplete bowel emptying
• Unexplained anxiety around leaving the house due to bowel control issues

 Subtle but important indicators

Some people only notice:

• Increased toilet frequency
• Mild staining in underwear
• Loss of sensation in the perineal area

These symptoms may indicate a partially missed or poorly repaired sphincter injury, even when the initial post-birth examination appeared normal.

 

Evidence That Strengthens a Claim

Strong claims usually rely on clear documentation. Therefore, you can strengthen your case by gathering:

 

• Maternity notes and delivery records
• Operative reports (if repair was attempted)
• Postnatal discharge summaries
• GP records showing ongoing symptoms
• Specialist assessments (colorectal or gynaecology)
• Personal diary entries describing symptoms and impact

 

The timeline is important. Records showing delayed recognition or repeated complaints without action often support negligence arguments.

 

FAQs: Starting a Medical Negligence Claim for a Severe Perineal Tear

1. What should I do first if I suspect negligence?

Start by requesting your full maternity records from the hospital. These documents show what was recorded during delivery and immediately after birth. You can then seek a medical opinion to review whether care met acceptable standards.

 

2. Do I need a confirmed diagnosis of a 3rd or 4th degree tear?

Many claims begin when symptoms suggest a missed injury. Your solicitor will arrange a specialist assessment to assess the severity of your injury and whether it is linked to past care.

 

3. How long do I have to make a claim?

In most UK medical negligence cases, you generally have three years from the date of injury or from when you became aware of the harm (date of knowledge). In childbirth cases, this may often be from ‘the date of knowledge’ if your symptoms only appeared after discharge.

 

4. Speak to a medical negligence solicitor

We work with solicitors who are experienced in childbirth injury claims. They offer a free, no-obligation consultation to assess whether your claim is valid.

 

5. What compensation can cover in serious perineal tear cases?

Compensation typically covers pain and suffering as well as financial losses, such as lost earnings, as well as cost of ongoing treatment or surgery.

 

6. Will I need to go to court?

The majority of cases settle before court. Your solicitor will negotiate on your behalf once medical experts confirm whether negligence occurred and how the injury affects your daily life.

 

Free Consultation To Assess Your Case

If you recognise persistent symptoms of a severe perineal tear after childbirth or feel your concerns were dismissed, you may want to investigate further. Acting early helps preserve medical evidence.

Our professional team can guide you through the process of making a claim during this difficult time. We work with highly experienced lawyers who work on a ‘No Win, No Fee’ basis.

 Call us at 0333 358 2345 or contact us online for your free, no-obligation consultation at a time which suits you.

 

This guide is general in nature and not a substitute for personalised legal or medical advice.