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My Doctor Did a Terrible Job Stitching My Perineal Tearing. Can I Sue?
The unfortunate reality for many mothers giving birth vaginally is that tearing injuries can easily occur. The skin between the vagina and the anus, known as the perineum, is biologically prepared to thin and stretch during delivery, but certain situations can make perineal tearing unavoidable. And while perineal tears are usually fairly easy to repair, poor medical treatment can make a mother’s recovery excruciatingly painful, sometimes requiring expensive further treatment and causing irreparable harm.
If your doctor committed a mistake that caused unnecessary perineal tearing, or if they improperly tried to repair perineal tearing, you may be able to take action. Our Cook County, IL birth injury attorneys at Birth Injury Law Alliance, Ltd. can help you file a claim for damages caused by the procedure. Attorney Allen Schwartz has secured millions in payouts for mothers and their children who have been injured by negligent medical providers.
What Kind of Mistakes Cause Unnecessary Perineal Tearing?
Mild to severe perineal tearing is common during delivery. Unfortunately, certain situations can worsen perineal tearing. These include:
- Improperly using forceps or vacuum suction
- Mistakenly cutting too far during an emergency episiotomy
- Mishandling the infant during delivery
How Serious Is an Episiotomy Tear When Not Properly Treated?
If a doctor does not treat an episiotomy tear correctly, a woman can suffer serious health issues. These include, but are not limited to:
- Painful urination and defecation
- Urinary incontinence
- Scarring and scar tissue
- Painful intercourse
- Chronic pelvic pain
- Rectovaginal fistula
- Infection
These issues can reduce life quality significantly, especially while a mother is trying to care for a newborn.
Can I Sue the Doctor Who Performed the Episiotomy?
Just as every mother and child are different, every birth injury is unique and requires an investigation to determine what happened and who should be held accountable. In some cases, episiotomy complications are unavoidable. In others, however, the doctor or midwife may be responsible for causing the perineal tearing.
The individual who botched the episiotomy repair may also be responsible, as well as nurses or other staff members who failed to notice complications resulting from perineal tearing. The hospital or birthing center employing the staff may also be held responsible for their actions, especially if staff members have a known history of medical errors or poor training.
What Evidence Do You Need for a Claim Involving Perineal Tearing in 2026?
Building a strong claim starts with medical records. These records should show what type of tear occurred, how it was repaired, and what follow-up care was given. Operative notes, nursing notes, and discharge instructions can all reveal whether the medical team acted with reasonable care.
Photographs of the injury, records of follow-up surgeries, and notes from specialists who treated complications can also support a claim. Testimony from other medical experts is often necessary too, since Illinois law requires proof that a claim has merit before it can move forward (735 ILCS 5/2-622). Gathering this evidence early can make a significant difference in how strong a claim turns out to be.
What Is the Statute of Limitations for a Birth Injury Claim in Illinois?
Illinois law generally gives a person two years from the date they discovered, or reasonably should have discovered, their injury to file a medical malpractice claim. No claim may be filed later than four years after the act that caused the harm, regardless of when the injury was discovered. This four-year limit is known as the statute of repose.
These deadlines can be confusing. Evidence can become harder to locate over time, so it is best to speak with an attorney as soon as possible after learning of a perineal tearing injury.
What Are Economic Damages in a Botched Episiotomy Claim?
Economic damages cover the actual costs that come from a botched episiotomy. These are the losses that can be added up with bills, receipts, and pay stubs. This can include the cost of the original delivery, follow-up visits, corrective surgeries, physical therapy, and any specialists needed to treat lasting complications.
Lost wages are another common economic loss. If a mother needs time off work to heal, or to attend medical appointments, that lost income can be included in a claim. Some also face a longer road to recovery. If the injury limits future work or requires ongoing care, a claim can also account for reduced earning capacity and future medical costs.
Other costs may apply as well. This can include childcare help during recovery, transportation to medical visits, or home health services for a new mother who cannot fully care for herself or her baby.
Can I Get Paid for Pain and Suffering After a Bad Stitch of a Perineal Tear?
Pain and suffering damages cover the harder-to-measure losses that come from a birth injury. These damages do not have a receipt attached, but they are still a real part of what a woman has lost. Physical pain is often the starting point. Chronic pain, discomfort during daily activities, and pain during intimacy can all be factored into the total value of the claim.
Emotional harm should not be overlooked either. Many women experience anxiety, depression, or embarrassment after a botched repair. Some develop a fear of future pregnancies or childbirth.
Loss of enjoyment of life is another component of these non-economic damages. If an injury keeps a woman from activities she once enjoyed, whether that is exercise, intimacy, or simply comfortable daily movement, that loss has value. Medical records, personal testimony, and statements from those close to the injured woman can all help show the true impact of the injury.
Contact a Chicago, IL Maternal Injury Lawyer
Every new mother deserves to put her trust in the team of medical providers caring for her and her baby. When a doctor instead causes a mother more problems, she may suffer enormous physical pain and her trust in medical professionals may be permanently violated. If you gave birth and suffered an unnecessary injury because of your doctor’s carelessness or sloppy work, see if you can take action. Call the Cook County, IL birth injury attorneys with Birth Injury Law Alliance, Ltd. at 312-462-4200 to schedule your free consultation today.



