3rd or 4th Degree Tear during Childbirth

Step 1: Understand the Nature of Your Claim

• Recognise that 3rd and 4th-degree tears are serious perineal injuries, sometimes resulting in:

  • Faecal or urinary incontinence

  • Chronic pain or discomfort

  • Sexual dysfunction

  • Emotional distress

• Medical negligence occurs if the injury or its management fell below the accepted standard of care.

Step 2: Gather Your Medical Records

• Request complete maternity records from the hospital or clinic where the delivery occurred, we can advise on how to do this.
  Include:

  • Labour and delivery notes

  • Episiotomy details (if any)

  • Instrumental delivery records (forceps/vacuum)

  • Postnatal care notes

  • Any referrals for physiotherapy or specialist care

These documents are essential for an expert to assess whether negligence occurred.

Step 3: Identify Potential Breaches of Care

Common grounds in 3rd/4th-degree tear claims:

• Failure to anticipate or manage risk factors:

  • Large baby, prolonged labour, instrumental delivery, previous tears

• Improper delivery technique:

  • Excessive force, incorrect use of instruments

• Poor repair of the tear:

  • Inadequate suturing leading to complications

• Inadequate postnatal follow-up:

  • Ignoring symptoms like incontinence or pain

Step 4: Seek an Expert Medical Opinion

• We will help recommend a specialist obstetrician or gynaecologist experienced in medico-legal cases.

• The expert will:

  • Review your records

  • Assess if the injury and treatment fell below the accepted standard of care

  • Estimate the likely cause and long-term impact

This expert report is critical in establishing negligence.

Step 5: Consider Early Resolution or Pre-Action

• We may write to the hospital or health service (HSE) seeking:

  • A pre-action disclosure of records

  • Possible settlement before court proceedings

• This stage can save time and reduce stress.

Step 7: Initiate Legal Proceedings

• If no settlement is reached, we will:

  • File a personal injuries claim in the Circuit Court or High Court (depending on complexity and damages)

  • Serve a statement of claim on the hospital/defendant

• Court proceedings involve expert evidence

Step 8: Assessment of Damages

Damages may include:

• General damages: Pain, suffering, loss of enjoyment of life

• Special damages: Medical expenses, physiotherapy, continence products

• Future care: Long-term management of incontinence or sexual dysfunction

• Loss of earnings if time off work is necessary

Step 9: Settlement or Trial

• Most claims settle after expert reports are exchanged and the case is well-prepared by us.

• If settlement fails, the case proceeds to trial, where a judge decides liability and compensation.

Step 10: Timeline and Limitation

• The standard limitation period in Ireland is 2 years from the date the injury was discovered.

• In cases of delayed symptoms (e.g., incontinence appearing months later), the clock starts from the date the harm became apparent.

✅ Key Tips

• Keep a detailed personal record of symptoms and treatment.

• Document all ongoing medical appointments and expenses.

• Avoid discussing your case publicly or on social media.

James McSweeney specialises in 3rd, 4th Degree Tear cases so contact us if you have any questions about a potential case on 01-4521200 or fill in the enquiry form on our website and we will organise a phone consultation with James (no fee involved).