A few years ago we acted for a couple who lost their baby following a prolonged labour at home. The mother decided early in her pregnancy that she wished to give birth at home and engaged the services of a midwife to assist with the delivery. At some point during the labour, the midwife ascertained there were complications and advised the mother to go to hospital— urgently. The mother refused to attend hospital because she was determined her baby would be born at home.
Tragically, her baby died.
We know complications can arise during labour – so is a planned home birth the safest or most sensible option? Thinking more about this, we know complications frequently arise in a hospital setting. All too often we hear stories about deliveries gone wrong, or hospitals failing to provide women and their babies with adequate care.
If hospitals really are the safest place to deliver a baby, why is there an increasing trend for home births in Australia and in developed countries such as the US, UK and in Europe?
When hospitals continue to breach the duty of care owed to mothers and their babies, perhaps we shouldn’t be surprised that women are exploring alternative options
The Royal Australian and New Zealand College of Obstetricians and Gynaecologists (RANZCOG) supports hospitals as the safest place for birth in Australia and New Zealand. However, it recognises that there is a small group of women who are accepting of the associated risks and elect to proceed with planned homebirth.
The College believes that “these women should be maximally supported in that choice, but in the knowledge that provision of such support can never completely mitigate the risks.”
Despite some evidence that home births are relatively safe for low-risk mothers, common sense dictates that when an emergency situation arises, urgent care can only be provided in a hospital setting.
Obstetricians, foetal monitoring devices and swift surgical action are readily available. Indeed, the RANZCOG statement advises that a decision to give birth at home “must be taken in the knowledge that there are relatively few resources available for the management of sudden unexpected complications that may affect any pregnancy or birth”. It says women contemplating a planned home birth must have accurate information about these risks.
No matter which argument you tend to agree with, at Catherine Henry Lawyers we’ve helped many clients with medical negligence claims arising from mismanaged labour and deliveries in a hospital setting. So, when hospitals continue to breach the duty of care owed to mothers and their babies, perhaps we shouldn’t be surprised that women are exploring alternative options.
If you have experienced what you think might be “birth trauma” associated with home births including the labour process, we might be able to help you. Linda Crawford, senior solicitor was a midwife before becoming a lawyer and would be very happy to discuss your experience with you.
