Not all births go to plan, but mothers should be able to expect that the placement and delivery of epidural anaesthetic are done properly. A recent case we have dealt with involved a young mother experiencing no anaesthetic relief during a caesarean section.
The birth involved a prolonged labour with failure to progress and resulted in an emergency caesarean, with a failed epidural, rendering the caesarean intensely painful and traumatic.
Our client’s claim was in relation to the epidural anaesthetic that was ineffective, resulting in her suffering severe pain during the course of the caesarean section. Our client suffered significant distress during the birth of her daughter which has impacted on her day to day life.
The major NSW Hospital disputed that our client, had not sustained any real injury, alleging that there was no evidence to support our client’s complaint. However, the records revealed that our client consistently complained and informed the midwife and doctors of problems. All to no avail.
We were able to settle the matter through a private mediation so as to avoid our client enduring the further distress involved in a trial. The settlement secured funds for further treatment and for the pain and suffering endured by our client during and after the birth.