Young Woman Suffers A Fourth-Degree Perineal Tear

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Kayleigh Adams, 25, was a former triathlete representing Great Britain and was extremely active before she suffered this injury.

During the delivery of her first child in 2017, Kayleigh suffered a fourth degree perineal tear following a forceps delivery. After giving birth to her son, Kayleigh was rushed into theatre because of the extent of the tearing and told that she would not be able to have a natural vaginal birth in the future.

Sadly, two weeks later Kayleigh contracted sepsis from her wound and was re-admitted into hospital.

Young Woman Suffers Fourth-Degree Perineal Tear, Requiring A Colostomy Bag

Two and a half years later, Kayleigh had her second child via caesarean section. After the birth of her daughter, she began passing faeces through her vagina that resulted in constant infections. After numerous hospital attendances, in September 2020 Kayleigh was advised that she required a colostomy bag.

Kayleigh was left without the emotional support that she required resulting in PTSD and was not aware of the extent of extreme tearing could have upon her during her antenatal classes. She has since had intense therapy from a community mental health team.

The Royal College of Obstetricians and Gynaecologists vie-president, Dr Ranee Thakar has commented the following:

“I see women who have third- and fourth-degree tears and the common story is that they were not told about it at the antenatal stage.

“It is difficult to measure the psychological impact. The women affected have hospital appointments, investigations, to take time off work, to wear pads, to take medication to alleviate their symptoms – and none of that is measured.”

Perineal Tearing

Your perineum is the area between your vaginal opening and back passage (anus).

It is common for the perineum to tear to some extent during childbirth, it is extremely common for first time mothers who have a vaginal birth will experience some sort of tear, graze or episiotomy. For most women, these tears are minor and heal quickly.

There are different degrees of perineal tearing:

First Degree – small tears affecting the skin only that do not require treatment and heal quickly.
Second Degree – tears that affect the muscle and skin of the perineum, stitching is usually required.
Third/Fourth Degree – tearing that is deeper and extends to the anal sphincter, also known as obstetric anal sphincter injury (OASI). For this type of injury surgery is required to repair the muscles affected.

Negligence from your doctor or midwife can result in a perineal tear and/or problems after childbirth. Examples of poor care can include:

Not appreciating the risk factors for perineal tears and failing to advise the patient properly before giving birth
Failing to take steps before and/or during childbirth to minimise the risk of significant tearing;
Failing to diagnose and repair a tear immediately after the delivery;
Failing to treat an infection and/or abnormal or unusual symptoms.

If you’ve suffered a third or fourth degree tear which has left you in a debilitating condition, you may be eligible to make a medical misdiagnosis claim.

How do I make a claim?

If you feel that your diagnosis has been delayed, you have been misdiagnosed or that your treatment has been inappropriate then you may be entitled to bring about a claim.

The team at Oakwood Solicitors will be able to give you free advice on the prospects of your case and whether you would be eligible to make a claim.

Who can bring about a claim?

The victim of the negligence can bring about a claim in their own right however it is often sadly the case that the victim is either unable to bring about a claim or has sadly passed. In such circumstances a claim can be brought about on their behalf either by an appropriate person or litigation friend if the victim is still with us or by the executor of the estate of surviving dependant if the victim has passed.

Our specialist team will be able to discuss whether you have a right to bring about a claim so if you or a loved one has been affected do not hesitate to contact us.

How long do I have to claim?

Claims of this nature are subject to a three year limitation period. This means that claims have to be commenced within the Courts in three years of rather the date the negligent act occurred or the date you became aware that negligence had occurred.

In cases involving deceased victims this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18th Birthday.

The law surrounding limitation periods is complex; our specialist team will be able to advise further.

How long will my case take to run?

Given the complexities involved in pursuing Clinical Negligence claims, they can often take 18-24 months to conclude and longer if Court proceedings have to be issued. Our investigations start by obtaining all relevant records and protocols before approaching independent medical experts for their opinion.

We will provide you with regular updated on the progress of your case to ensure that you are kept up to speed.

How much is my claim worth?

It is often difficult to value clinical negligence claims at their outset given the complexities involved however we will pursue two forms of compensation for you:

General damages

This is an award of money for the pain and suffering you have endured as a result of the negligence.

Special damages

An award for all of your out-of-pocket expenses such as travel expenses, medication costs, loss of earnings, treatment costs both past and future. This list is not exhaustive and is very case specific.

How is my case funded?

The majority of Clinical Negligence cases are funded by a Conditional Fee Agreement, more commonly known as a ‘no-win, no fee’ agreement. This means that there will be nothing to pay up front and nothing to pay if the claim has been lost. If you are successful in your claim a deduction of 25% of damages will be taken to cover the success fee and the shortfall in legal fees.

It may also be the case that an After The Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations. If an ATE insurance policy has to be obtained the cost of the same will be discussed with you at the appropriate point.

The cost of the ATE insurance policy is again taken from your damages and only payable if you are successful with your claim.

Oakwood Solicitors Ltd

**Why use Oakwood Solicitors Ltd to make your Clinical Negligence case?**

We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical negligence.

We want to ensure at Oakwood Solicitors that clients are not overwhelmed by legal jargon, medical terms that they don’t understand and to allow the claims procedure to be as transparent as possible.