Birth injury compensation and the home-birthing movement

The UK has a relatively low home-birth rate, with just 2% of all new arrivals each year being delivered at home. There are several reasons why this is the case. Hospitals' fear of having to pay birth injury compensation is just one of them, yet it certainly plays a part. The Home-Birth Campaign states: "instead of managing the risks of litigation in a way that preserves safe home-birth, the health service by and large has reacted in a way that jeopardises its goals."

Yet there is a growing consensus that such a cautious approach to home-birth in the UK actually undermines the interests of women. It is now accepted and even enshrined in some places that women should have the right to choose where they give birth. This does clash with the reality for many expectant mothers, with some commentators speaking of a "postcode lottery" that denies choice to women living in certain areas such as Peterborough, where in 2004, ignoring Department of Health advice, Peterborough and Stamford Hospitals NHS Trust decided to suspend their home-birth service.

Decisions like these have been criticised as unnecessary and short-sighted and, crucially, indicted as denying women the opportunity to give birth to their babies in the environment believed by so many birthing experts as the best and safest place for a woman to give birth: the home.

It can also be argued that increased rates of home-birth may actually reduce both incidences of medical negligence and payouts of birth injury compensation. One thing that would almost certainly be improved is the rate of postpartum infection, which currently stands at 25% for UK hospital births compared to only 4% of UK home-births. With the NHS currently feeling the strain of a shortage of midwives, it as also been speculated that encouraging more home-births could also free-up some valuable funds. Experts estimate that just 10% fewer hospital births could save the NHS around £68.7 million.

Many women also report that they are denied the opportunity to give birth on tenuous medical grounds. It is not uncommon for doctors to advise against home-birth simply because a woman is having her first child, is considered too young or is told that her pelvis is too small none of these are, in themselves, reason enough for a women to be prevented from giving birth at home. An overly cautious approach certainly goes against a 1998 recommendation that "all low-risk women pregnant women should be offered the possibility of considering a planned home-birth".

Inevitably, however, there are instances where medical staff will be right to advise against home-birth. If a woman has a history of postnatal haemorrhage or is expecting twins, the risk of complications requiring hospital intervention will very likely make a hospital birth the best option.

Hospitals and maternity staff who advise a woman to have a home-birth when it is not appropriate will risk becoming liable for any birth injury that results in a medical negligence claim. One notable case involved that of a mother who was advised to have a home-birth by doctors who failed to spot her gestational diabetes. As a result, her son was deprived of oxygen during his home-birth and went on to develop cerebral palsy as a result. Although the boy is described as "delightful", the tragic errors that led to his health problems resulted in him being awarded £5 million in birth injury compensation.

Clinical negligence solicitors
The solicitors on YouClaim's clinical negligence panel have many years of experience in securing compensation for mothers and children who have suffered at the hands of negligent or substandard maternity and obstetric care.

Our approach to representing birth injury claims means that you can rest assured you will never have to pay us a single penny in fees. In addition, our 100% compensation promise assures you that all money awarded will end up in the right place; we never take a cut.

If you would like to find out more about how our sensitive and skilled solicitors might be able to help you, fill out a claim form, have an e-chat or call a legal advisor now on free-phone 0800 10 757 95.