Medical Negligence

• Season 2 of The Retrievals, a podcast from Serial and The New York Times, offers a confronting look at what happens when women in pain during childbirth are dismissed, ignored, or disbelieved by healthcare providers. While the events unfold overseas, the themes of patient pain, consent, accountability, and birth trauma are deeply relevant in Australia.

As medical negligence lawyers, we believe The Retrievals should serve as a warning and lesson for our own health system. It’s an opportunity to ask: are Australian patients at risk of similar failures? And if so, what legal rights and protections are in place?

C‑Section Rates in Australia

Caesarean deliveries are now an expected part of Australian maternity care:

• In 2022, 39 % of all births in Australia were by caesarean – up from 32 % in 2010.
• For first-time mothers, the rate rises to approximately 41 %.
• Public hospitals recorded a 29 % c-section rate, while private hospitals were higher at around 43 %.

These figures significantly exceed historical “ideal” rates (10–15%), raising questions about necessity, consent, and risk, especially during caesareans under anaesthesia.

Pain During Caesarean Births in Australia

Although regional anaesthesia (spinal/epidural) is the standard for C-sections, general anaesthesia is used in urgent or failed cases:

• In 2022, around 5 % of Australian caesarean births required general anaesthesia, down from 8.2 % in 2007.
• Younger women and public hospital births are more likely to need general anaesthetics: 15 % for women under 20 and 6.6 % in public vs. 1.9 % in private hospitals.

Given over 297,000 births in 2022, hundreds of cases annually involve anaesthesia escalation, underscoring that performance failures are not merely theoretical risks.

Anaesthesia Awareness & Birth Trauma

Although rare, anaesthesia awareness during caesarean sections—when patients recall feeling pain mid-surgery—is documented:

• A prospective Australia/NZ study found 0.26 % of general anaesthetic cases involved awareness (roughly 1 in 382).
• These figures align with international studies showing up to 0.15 % awareness in C‑sections—events that can lead to lasting psychological harm, echoing the experiences shared in The Retrievals.

Furthermore, research has shown that up to 1 in 3 Australian mothers report birth-related trauma, encompassing emotional distress, PTSD, and clinical trauma.

When Anaesthesia-Related Trauma Becomes Negligence

Australian healthcare providers are legally bound to a duty of care. Breach of this duty—such as poor anaesthesia administration, failure to monitor onset, dismissing pain, or not obtaining informed consent—may justify a medical negligence claim if harm is demonstrated.

Consent, Communication & Respectful Care

A core lesson from The Retrievals is that being disbelieved can be as damaging as the pain itself. In Australia, the Australian Commission on Safety and Quality in Health Care promotes respectful, shared decision-making under its Maternity Care Charter. Failing to listen to pain complaints and obtain informed consent constitutes more than poor practice—it may significantly undermine legal duty.

What Can Australian Patients Do?

If you’ve experienced:

• Severe pain during a caesarean or surgery
• Reports of pain being dismissed or ignored
• Lingering emotional or psychological trauma

…you may be eligible for a medical negligence claim. Potential compensation can cover:

• Pain and suffering
• Psychological injury
• Income loss
• Medical or therapeutic costs

Time Limits: How Long Do I Have to Make a Claim?

In Australia, strict time limits apply to medical negligence claims:

• You typically have three years from the date of injury, or from discovering that negligent treatment may have caused harm.
• For minors or delayed psychological effects, extensions may be possible, but are not automatic.

Prompt legal assistance is important for gathering evidence and expert opinions.

Why These Lessons Matter

The Retrievals Season 2 is a powerful lesson that even advanced healthcare systems can fail vulnerable patients, especially when pain is ignored or consent is compromised. Australia’s rising intervention rates, documented anaesthesia failures, and birth trauma statistics should serve as wake-up calls.

If you were hurt and unheard during childbirth or surgery, legal recourse may help secure recognition, accountability, and change.

Call us on +612 9283 5599 or complete the free and confidential call-back form below.