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Home Birth Medical Negligence Claims

Who is responsible when a home birth goes wrong?

According to a report published recently by the Royal College of Obstetricians and Gynaecologists (RCOG), more women in the UK should have a home birth. The story has captured the attention of the national media, as has RCOG’s suggestion that around a third of all women should give birth, “without a doctor going anywhere near them.”

The report suggests that women with uncomplicated pregnancies should be given the opportunity to give birth at home, and stresses that giving birth in a hospital is not always the safest option. Dr Anthony Falconer, RCOG’s president, said that: “there is a perception among patients that they still see the hospital birth as the safer option,” and stressed that home births and ‘midwife-led units’ are just as feasible options.

Many pregnant women however are reassured by being in hospital, by being surrounded by many experienced medical staff. The issue of who would be responsible if a home birth goes wrong is also an important one.

Are home births really safer?

According to the Daily Telegraph, a study in 2003 found that 14% of women giving birth at home had to be transferred to a hospital while they were in labour. In such cases, the study found that the risk of the baby dying was increased substantially. A US study of half a million home births cited in the Daily Mail meanwhile found that home deliveries carried three times the risk of conventional hospital births.

In the UK, it is possible to make a claim for compensation in the event of injury to either mother or child. If the birth would otherwise have been an ‘uncomplicated’ one but the negligent actions of the midwife present directly caused injury, then the midwife can be held responsible. If however it emerges that the woman should have been admitted to hospital in the first place, the responsibility may lie with the physician who deemed that a home birth would be suitable.

As with hospital births, if it can be proven that a breach of duty of care took place either during the pregnancy or the birth, then a case of medical negligence can be brought.

Birth injury claims

Birth injury claims are often highly complex, and require the specialist services of a personal injury lawyer trained in the field. The time limits for making a claim not as time-sensitive as other forms of personal injury, and parents can begin a claim on their child’s behalf at any point until their 18th birthday. If a claim has not been made by this point then the child then has another three years to make a claim.

RCOG’s report concludes that the vast majority of women could have a home birth if they so choose, and only those at risk of complications need be admitted to hospital. But what if the obstetrician makes an error of judgement in clearing the woman for a home birth, which then results in a birth injury such as cerebral palsy? In such a case the obstetrician might be found responsible in a case of medical negligence.

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FREE GUIDE - 7 Questions You Must Ask Before Choosing Your Medical Negligence Solicitor

If you believe you have been the victim of an act of medical or clinical negligence you need our free guide which answers all of the questions that you need answers to before deciding to make a claim, including:

• What are the costs of making a claim for compensation
• The reasons you should or should not make a claim, including protecting other patients
• Whether using a solicitor or a claims company will make a difference to the success of your claim
• The questions you must ask to ensure you choose the right person to help you with your claim

Before you take any further action, take five minutes to read our free guide so that when you do pick up the telephone or fill in an online enquiry form, you know exactly the questions you need to ask to find the right medical negligence claim solicitor for you.

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