Is It Worth Making a Complaint After a Traumatic Birth? How to Complain to a Hospital (With a Free Template)

Is It Worth Making a Complaint After a Traumatic Birth? How to Complain to a Hospital (With a Free Template)

Maybe no one believed you were in labour. Maybe you were left alone when you needed someone, or something was done to you that no one properly explained. Maybe it all happened so fast that you’re still trying to piece together what went wrong. If you’re wondering whether to make a complaint, and whether it would even help, this guide is for you.

After a traumatic birth: a series
  1. Making a complaint to the hospital (you are here)
  2. How to ask for a birth debrief, and what to ask
  3. Getting and reading your birth records (coming soon)
  4. Finding support after birth trauma (coming soon)
At a glance
  • Yes, it can be worth it. A complaint can bring you answers, an apology and acknowledgement, and it can change things for the next woman.
  • You don’t have to go back to the hospital. You can ask for everything to happen in writing or by phone, and your partner or a support person can be the contact.
  • Send it to the hospital first. Usually that’s the Patient Liaison Officer, the patient experience team or the maternity service manager.
  • You should be told it’s been received within about a week, and get a response within around 30 to 35 working days at most public hospitals.
  • If you’re not satisfied, you can take it to the independent health complaints body in your state or territory.
  • A complaint isn’t a legal claim. It won’t pay compensation, and the time limit for a claim keeps running while it’s being looked at.

Is it worth making a complaint?

This is one of the most common questions women ask after a bad birth experience, and it’s a fair one. You’re exhausted, you may be recovering from an injury, and you have a new baby to look after. Writing about the worst day of your life to the people who were there can feel like too much.

Here is what women who have complained often say it gave them:

  • Answers. An explanation of why decisions were made, or why they weren’t.
  • Validation. Many women say that having it formally acknowledged helped with the anger, and helped them feel that what they’d experienced was real.
  • Change. Complaints are one of the main ways problems get seen by people who can fix them, such as staffing gaps, communication failures or a practice that keeps going wrong. Your complaint may protect someone else.
  • Access to support. Some hospitals use a complaint to arrange a birth debrief, follow-up care, or a review by a senior clinician.

It’s also worth knowing the limits. The hospital may decide that its care was reasonable. The response may be more cautious than you’d hoped. And a complaint won’t, on its own, make you feel better about what happened. Many women find it helps them move forward anyway, simply because they said it out loud and it was put on the record.

If staff encouraged you to complain, take that seriously. Midwives and doctors usually don’t suggest it unless they were worried about what they saw, and complaints from patients can give weight to concerns they have already raised internally.

And if you don’t have the energy right now, that’s okay too. You can complain months later. It’s a good idea to write down what happened now, though, while it’s fresh (see step 1).

How will my complaint be received?

Many women worry that the hospital will be defensive, downplay what happened, or not believe them. It helps to know what usually happens behind the scenes.

  • It goes to a dedicated person or team. Most hospitals have a Patient Liaison Officer, Consumer Liaison Officer or patient experience team whose job is to manage complaints. Their role is to make sure your concerns are looked into, not to defend the staff.
  • Maternity managers usually review it. Your complaint is normally sent to the manager of the birth suite, the maternity ward or the obstetrics department. They review your records and speak with the staff involved.
  • Most hospitals take complaints seriously. Complaints are tracked and reported on, and serious ones are escalated. If something may have gone wrong in your care, the hospital may also hold a formal clinical review.
  • Responses are often written carefully. Hospitals are cautious about how they word things. A response that doesn’t admit fault doesn’t necessarily mean nothing went wrong, and a careful tone doesn’t mean you weren’t taken seriously.
  • You may be offered a meeting or a call. If something went wrong, the hospital may offer an open disclosure conversation, where they explain what happened, apologise and tell you what they’re doing about it. Open disclosure is expected of health services across Australia.
  • Your care won’t suffer. Making a complaint should never affect the care you or your baby receive. If you’re still being seen by the hospital and this worries you, say so in your complaint.

Making it easier on yourself

You get to decide how involved you want to be.

  • You never have to go back to the hospital. Ask for the response in writing, or for any discussion to happen by phone or video.
  • Your partner or a support person can be the contact. Many partners also tried to advocate for you and weren’t listened to, and some find it helps to be involved. The hospital may ask for your written consent to deal with them.
  • You can ask for limited contact. If hearing from the hospital will be too much, say so. You can ask them to send everything in one written response, or to contact your support person first.
  • Bring someone to any meeting. A partner, a friend, a doula or a support worker can come with you and take notes.

Step by step: how to make your complaint

  1. Write down what happened, while it’s fresh

    Before you write the complaint, write your own account, just for you. It doesn’t need to be tidy. If your partner was there, ask them to write theirs too: they may remember things you don’t.

    • dates and times, as best you can remember
    • where it happened: the birth suite, the ward, theatre, the emergency department
    • who was involved: names if you know them, or roles (“the night-shift midwife”, “the registrar”)
    • what you said, what you were told, and what was done or not done
    • times you asked for help, or said something was wrong
    • how it has affected you, your baby and your family since

    Keep any discharge summaries, letters, photos and text messages from that time. From now on, note every phone call and email about your complaint, with the date and who you spoke to.

  2. Think about getting your medical records

    You don’t need your records to complain, but reading them can help you get dates and details right, and understand what was written about you. You have a right to ask for a copy of your records, and your baby’s.

    • Public hospitals: ask the hospital’s medical records or health information service, in writing. Most have an application form on their website. Expect a response within about a month. There may be a modest fee.
    • Private hospitals: write to the hospital’s privacy officer or medical records department.

    Some women find their records upsetting to read. You might prefer to go through them with your GP, a midwife at a debrief, or a lawyer.

  3. Work out who to send it to

    Where you gave birthWho to send your complaint to
    A public hospitalThe Patient Liaison Officer (also called a Consumer Liaison Officer, Patient Advocate or Patient Experience Officer), or the complaints or feedback team for the hospital or health service. Search the hospital’s name plus “compliments and complaints”.
    A private hospitalThe Director of Nursing, the quality or patient experience manager, or the CEO / General Manager.
    Your private obstetrician or midwifeThe practitioner or their practice manager. You can also go straight to your state’s complaints body or Ahpra (see step 8).

    Not sure who to contact? Call the hospital switchboard and ask: “Who do I send a formal complaint about maternity care to?”

  4. Write your complaint

    The template below gives you a structure. A few things make a real difference:

    • Be factual and specific. “At about 2am I told the midwife I needed to push, and she said I wasn’t in active labour yet. I was examined 40 minutes later and was fully dilated” is more powerful than “nobody listened to me”.
    • Keep it in time order. It’s easier for the reviewer to follow.
    • Say how it has affected you. Physically, emotionally, and on your family and your baby. This tells them why it matters.
    • Number your questions, so they can be answered one by one.
    • Say what you want to happen: an explanation, an apology, a debrief, a meeting, a review, a change in practice, follow-up care. It’s fine to want several.
    • Keep it to two or three pages if you can. Bullet points are fine, and you can save more detail for a meeting or debrief.

    It’s completely normal to feel angry. Let that come through in the facts, rather than through blame. A calm, clear letter is much harder to brush aside.

  5. Send it, and keep proof

    • Email or online form: quickest. Save a copy or screenshot, with the date.
    • Post: use registered post if you can, and keep the receipt.
    • In person: ask for a dated copy.

    Mark it clearly as a formal complaint, so it goes into the formal process rather than being treated as general feedback.

  6. Know what happens next

    Timeframes vary between states and hospitals, but at most public hospitals you can expect:

    • an acknowledgement within about 5 working days, ideally with a contact person and a reference number
    • a response within around 30 to 35 working days, or an explanation of why it’s taking longer, with updates. In NSW, for example, NSW Health commits to acknowledging complaints within 5 working days and giving an outcome within 35 working days.

    If your hospital doesn’t tell you its timeframes, ask. Private hospitals set their own, which are often similar.

  7. Follow up

    • No acknowledgement after a week? Send the follow-up email below and call the Patient Liaison Officer.
    • When the response arrives, check it against your numbered questions. If some weren’t answered, write back and ask again.
    • If you were offered a meeting, ask for a written summary afterwards, or take your own notes.
    • Still not satisfied? Ask for your complaint to be reviewed at a higher level, such as the health service’s executive or the hospital’s CEO.
  8. Take it further if you need to

    Each state and territory has an independent health complaints body. They usually expect you to have tried the hospital first, unless the issue is serious or that isn’t possible. Most take complaints in writing, often through an online form.

    If your concern is about an individual midwife, nurse or doctor, rather than the hospital as a whole, you can also notify Ahpra, which regulates health practitioners. In NSW, complaints about practitioners go to the HCCC, and in Queensland they go to the Office of the Health Ombudsman.

Template: complaint letter after a traumatic birth

Copy this into an email or document and replace everything in [square brackets]. Delete anything that doesn’t apply to you.

Complaint letter template
[Your full name]
[Your address]
[Your phone number] | [Your email]

[Date]

To: [Patient Liaison Officer / Complaints Manager / Director of Nursing]
[Hospital name]
[Hospital address or email]

FORMAL COMPLAINT – maternity care
Patient: [Your full name], date of birth [DD/MM/YYYY], MRN [hospital record number, if known]
Baby: [Baby’s name], born [date of birth]

Dear [name, or Patient Liaison Officer],

I am writing to make a formal complaint about the care I received during [my pregnancy / labour and birth / after the birth] at [hospital name], between [date] and [date].

What happened
[Set out what happened in time order. Short, factual points are fine. For example:]
1. On [date] at about [time], I arrived at [birth suite / maternity assessment] in labour. I told [name or role] that [e.g. my labours run fast in my family / I felt the urge to push].
2. I was told [what you were told, e.g. that I was not in active labour] and [what happened, e.g. I was left alone in a room for about an hour].
3. [e.g. My partner asked for a midwife to check on me at about [time]. No one came until [time].]
4. [e.g. A [procedure, such as forceps or an episiotomy] was performed. It was not explained to me, and I was not asked for my consent.]
5. [e.g. After the birth, no one followed up with me about what had happened, and I was not offered a debrief.]

How this has affected me
[Explain the impact, for example: “I sustained a third-degree tear and have ongoing pain and incontinence. I have been diagnosed with postnatal depression and am seeing a perinatal psychologist. My partner was also deeply affected by what he saw.”]

My questions
I would be grateful if you could answer the following in writing:
1. [e.g. Why was I not examined when I said I needed to push?]
2. [e.g. Why was I left without a midwife, and what were the staffing levels on the birth suite that night?]
3. [e.g. Why was [procedure] performed, and why wasn’t it explained to me first?]
4. [e.g. Has my care been reviewed, and what was found?]

What I would like to happen
- A full written explanation of what happened
- An apology
- A birth debrief with a senior midwife or obstetrician who was not involved in my care, [by phone / by video / in person], with my support person present
- Information about what will change so this does not happen to other women
- [Follow-up care, e.g. a referral to a pelvic floor clinic or perinatal mental health service]

[If it applies: “I would prefer not to attend the hospital. Please contact me in writing, or by phone at a time arranged in advance.”]
[If it applies: “I authorise my [partner / support person], [name, phone, email], to contact you on my behalf.”]

I have attached [e.g. my discharge summary and my written account of the birth].

I would appreciate it if you could acknowledge this complaint within 5 working days and tell me who will be handling it.

Yours sincerely,

[Your name]

Template: follow-up email

Follow-up email template
Subject: Follow-up – formal complaint, [Your full name], [reference number if you have one]

Dear [name],

I sent a formal complaint to [hospital name] on [date] about my maternity care between [date] and [date]. A copy is attached.

[I have not yet received an acknowledgement. / I received an acknowledgement on [date], but have not yet received a response.]

Could you please let me know, by [date about a week from now]:
1. who is handling my complaint
2. where it is up to
3. when I can expect a written response

Thank you.

Kind regards,
[Your name]
[Phone] | [Email]

Tips from a medical negligence lawyer

  • Stick to what you know. If you’re unsure of a time or name, say “about” or “I believe”. You don’t need to be perfect.
  • Don’t minimise. Women often downplay their own suffering, especially when their baby is okay. Be honest about the impact on you.
  • Include what happened after the birth. Not being followed up, not being offered a debrief, or struggling to get help afterwards are all part of your experience.
  • Keep everything: your account, the complaint, the response and any meeting notes. They may matter later.
  • Look after yourself. Writing about your birth can bring it all back. Take breaks, and plan something gentle for after you press send.

A complaint and a legal claim are different

A complaint is about answers and accountability. A medical negligence claim is about compensation for the harm you or your baby have suffered: medical and treatment costs, lost income, care, and the impact on your life. You can do both, and many women do.

The most important thing to know is that the time limit for a claim keeps running while your complaint is being looked at. In most states and territories, the time limit for an adult’s claim is generally three years from when you knew, or should have known, about the injury and its cause. Different rules apply to claims for children. Complaints and reviews can take months, so if you think you may have a claim, get advice early rather than waiting for the outcome.

If you’re not sure whether what happened could be negligence, our free medical negligence case review can help you understand where you stand, with no commitment to go further.

Frequently asked questions

How long after the birth can I make a complaint?

There’s usually no strict deadline for complaining to a hospital, and many women complain months or even years later. But the sooner you complain, the easier it is to investigate. Some state complaints bodies do have time limits, and the time limit for a legal claim applies separately.

Will the hospital be defensive?

Most hospitals take complaints seriously, and many women are surprised by how well they’re received. Responses are often written carefully, though, and the hospital may conclude its care was reasonable. If you feel the response doesn’t address what happened, you can ask for a review or go to your state’s complaints body.

Can my partner make the complaint?

Yes. Your partner can make the complaint with you, on your behalf with your consent, or about their own experience. Many partners were deeply affected by what they saw, and by not being listened to.

Should I ask for a debrief in my complaint?

If you’d like one, yes. Some hospitals arrange debriefs through the complaints process. Read How to ask for a birth debrief for what to expect and what to ask.

Do I need a lawyer to make a complaint?

No. Most women complain themselves, and this guide is designed to help you do that. If you’re thinking about a claim, though, speak to a lawyer early, because of the time limits.

After a traumatic birth: a series
  1. Making a complaint to the hospital (you are here)
  2. How to ask for a birth debrief, and what to ask
  3. Getting and reading your birth records (coming soon)
  4. Finding support after birth trauma (coming soon)

Not sure what happened, or what to do next?

You don’t have to work it out on your own. A short, confidential conversation can help you understand your options, whether that’s a complaint, a claim, or both.

If you’re struggling after your birth, you can call the PANDA National Helpline on 1300 726 306, a free service for new and expecting parents. If you or someone else is in immediate danger, call 000. For 24/7 crisis support, call Lifeline on 13 11 14.

This article is general information about making a complaint to a hospital in Australia. It isn’t legal advice about your situation. Complaint processes and timeframes vary between states, territories and hospitals, and may change. Legal services are provided by Peter Evans & Associates.

Contact Dr Rosemary Listing At Peter Evans & Associates

Related articles

Contact Dr Rosemary Listing At Peter Evans & Associates

Whether it is a medical injury, a contract dispute, or a workplace issue, uncertainty can be exhausting. You should not have to guess where you stand. You need clarity, fast.

Along with her team at Peter Evans & Associates, she will help you understand:

Send an enquiry

Prefer to reach out directly? Complete the form below, and we’ll respond as soon as we can.

All enquiries go to Dr Rosemary Listing at Peter Evans & Associates.