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How common are vaginal tears?

Vaginal tears are extremely common during childbirth, but severe tearing can have debilitating effects if not diagnosed and repaired in good time. The way your baby’s delivery is managed and the care you receive immediately after giving birth can determine how badly you are affected.

Failing to diagnose and repair a 3rd or 4th degree tear

Vaginal tears during childbirth can extend to the perineum and anal sphincter. If this happens, they should be recognised and repaired as soon as possible to prevent long term problems. This doesn’t always happen and a new mother can be sent home only to suffer distressing and embarrassing symptoms, such as pain, incontinence or urgency of bowels and bladder, flatus (wind), and difficulty with sexual intercourse and personal care. The injuries can also have a serious effect on a woman’s relationships and mental well-being.

Avoidable tears and pelvic trauma

Vaginal tears and trauma to a woman’s pelvic area is sometimes part and parcel of childbirth. But often, these problems can be avoided or reduced in severity with better management of the labour and delivery of a child. If a mother is asked to push for too long in the second ‘active’ stage of labour, particularly where it should have been known to the midwives and doctors that the baby was in a difficult position, such as ‘back to back’, or was expected to be large, then damage to the pelvic muscles can occur. This can lead to severe pain and serious consequences, such as prolapse and incontinence. Otherwise, the avoidable tearing can also be caused by improper use of forceps during delivery. Failing to perform an episiotomy to protect against tearing may also play a role, whilst not performing an episiotomy correctly or even at the right time, can also contribute to the risk of injury.

How can we help?

We are experts in birth injury claims and have acted for many mothers who have suffered these types of problems after childbirth. We can help you obtain compensation for your 3rd or 4th-degree vaginal tear or pelvic injuries.

 

Large settlement paid to young mum following a failure to control baby’s delivery
Frequently asked questions
How long will my claim take?

All claims are different and this depends upon when a final prognosis is known and a claim can be valued.

Once we obtain an admission of liability in your case we can request an immediate payment to help with your needs and put support in place.

What will the first steps be?

We will discuss your circumstances at a time and place to suit you – in person, at your home or on the telephone. We can request your medical records at the outset free of charge.  Once we have reviewed your records we can advise you further and appoint suitable experts to provide their opinion on your potential claim.

Will I have to go to court?

Medical negligence claims rarely go to court, with only a small percentage of the more complex cases ending up there. However, in the unlikely event that your case reaches court, we will be by your side throughout the process.

 

When will be damages be paid?

As soon as we possibly can, we will obtain an early payment for you to support any immediate financial needs you have.  This can help you obtain care, therapy, accommodation and rehabilitation. The sooner you investigate a potential claim the sooner an early payment can be made if you are successful.

 

What can I claim for?

The aim of compensation is to put you in the financial position you would have been in had it not been for the injury/negligence in question. We recognise that this is sometimes impossible, but we can work with you and the best experts to ensure all your needs are assessed and costed to help you transform your life for the better, and to give you financial security for the future. 

 

How much is my claim worth?

It is difficult to advise upon the value of your claim at the outset given the complexity of the issues involved.  However, if you have sustained a life changing injury then damages are likely to be substantial.  Once the correct expert evidence is obtained and when a final prognosis is known we can advise you further.  Our role is to maximise the compensation you receive and we specialise in doing so.

Are there any time limits to pursue a claim?

It is important to pursue your claim as quickly as possible due to time limits and to also enable us to help you obtain compensation as soon as possible. This is especially the case in complex cases as the process can be lengthy.

You have to start your claim within 3-years (limitation period) from when the injury occurred or when you first became aware of any potential negligence or injury as a result.  However, the time limit only begins when a child reaches 18 years of age.

For someone who lacks capacity to pursue any litigation, the 3-year time period may never start to run although capacity can return or be intermittent.

You should always seek legal advice upon the relevant limitation period in your circumstances.

 

Will my claim be reported in the press?

We will always respect your right to privacy wherever possible.  Sometimes, clients want details of any settlement to be made public or there may be publicity surrounding the case in certain circumstances.  If this occurs we can support you in managing any contact with the media to ensure you are in control of any publicity that occurs.

 

Related Specialism

Hypoxia

Related Specialism

IVH

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