How long do you have to make a medical negligence claim?
In many cases the standard limitation period is three years, but the point at which those three years begin can vary and important exceptions may apply.
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Specialist claims
Maternal Birth Injury & Severe Perineal Tear Claims
An injury to the mother during childbirth can affect recovery, continence, relationships and daily life. Concerns may involve the care during delivery, recognition and repair of an injury, or the response to ongoing symptoms. Your experience can be discussed sensitively and in your own words.
SRA regulated solicitorsConfidential initial enquiryEvidence-led assessment
Quick check
Could this apply to you?
1
A severe perineal tear not recognised after birth
2
An inadequate repair or delay in appropriate specialist repair
3
Concerns about assisted delivery or episiotomy care
Last updated 7 October 2026
Understanding the claim
When might a claim be investigated?
A poor outcome alone does not prove negligence. The investigation considers what a reasonably competent healthcare professional should have done and whether any failure made a material difference to the outcome.
A severe perineal tear not recognised after birth
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
An inadequate repair or delay in appropriate specialist repair
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Concerns about assisted delivery or episiotomy care
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Failure to investigate persistent bowel or pelvic floor symptoms
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Avoidable delay in treating a wound complication or infection
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Lack of appropriate follow-up or referral after a birth injury
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Understanding third- and fourth-degree tears
A third-degree tear extends into the anal sphincter muscles. A fourth-degree tear extends further into the lining of the anus or rectum. These injuries are also called obstetric anal sphincter injuries, or OASI.
A severe tear can occur even where care is reasonable. A legal investigation considers whether the injury could reasonably have been avoided, whether it was identified and repaired appropriately, and whether later symptoms received an appropriate response.
The effect on your life matters
Ongoing pain, bowel control problems and psychological effects may need assessment. The investigation must establish the connection between a failure in care and the additional harm, rather than treating every difficult recovery as negligence.
You can begin with a brief account and explain sensitive details during a private conversation. You do not need to upload intimate photographs or detailed medical documents through the initial website form.
A claim concerning the mother
This page concerns injury to the mother. An injury to a baby may require a separate investigation, with different medical evidence and potentially different deadlines. The existing brain injury at birth page covers that area.
If you have concerns about healing or continuing symptoms, contact your maternity team, GP or an appropriate urgent care service. The enquiry form is for legal review and is not a clinical assessment.
Evidence
What evidence may help?
Relevant evidence depends on the circumstances. Common sources include:
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Maternity, delivery and postnatal records
The evidence is considered alongside the chronology and appropriate independent expert opinion.
02
Examination findings and tear classification
The evidence is considered alongside the chronology and appropriate independent expert opinion.
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Repair notes, follow-up and specialist referral records
The evidence is considered alongside the chronology and appropriate independent expert opinion.
04
Independent obstetric, midwifery or colorectal evidence as appropriate
The evidence is considered alongside the chronology and appropriate independent expert opinion.
The process
What happens after an initial enquiry
- 01
Initial enquiry
Tell us what happened, when the treatment took place and how you were affected.
- 02
Early assessment
The key facts, limitation position and whether further investigation may be appropriate are considered.
- 03
Records & evidence
Relevant medical records, chronology and evidence of any financial losses may be obtained.
- 04
Expert review
Appropriate independent experts may address breach of duty, causation, condition and prognosis.
- 05
Claim & negotiation
Where the evidence supports a claim, the relevant defendant can be notified and liability or settlement discussed.
- 06
Resolution
The matter may conclude by agreement or, where necessary, through the court process.
Compensation
What can compensation take into account?
There is no reliable generic calculator for medical negligence. Where liability is established, compensation can reflect the individual injury and financial consequences supported by evidence.
- Pain, suffering and loss of amenity
- Past and future loss of earnings
- Care and assistance
- Rehabilitation and treatment
- Equipment, travel or accommodation needs
- Other reasonable losses caused by the injury
Start an enquiry
Tell us what happened.
Questions answered
Maternal Birth Injuries & Perineal Tears FAQs
Does a third- or fourth-degree tear automatically mean negligence?
No. The standard of care and the avoidable consequences must be assessed in the individual circumstances. A tear alone does not establish a claim.
Could a missed tear be investigated even if tearing was unavoidable?
Yes, where a failure to identify, repair or follow up the injury may have caused additional harm. Appropriate experts would compare the actual outcome with the likely outcome of reasonable care.
Can I enquire about bowel control or sexual difficulties?
Yes. You can give a brief description and ask to discuss the details privately. Relevant ongoing symptoms and their effect on your life can be considered as part of an assessment.
Can I wait for a maternity complaint to finish?
A complaint and a legal claim are separate processes. Seek advice about time limits without waiting for a complaint or investigation to conclude. Sending an enquiry does not stop a legal deadline.
Related guidance
Useful medical negligence guides
How medical negligence claims work
A plain-English overview of breach of duty, causation, medical records, expert evidence and the main stages of a claim.
Read guide →
Can you claim for an A&E misdiagnosis?
Key considerations where emergency care failed to recognise, investigate or appropriately respond to a serious condition.
Read guide →Related claim types
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