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Home birth? Your choice, your responsibility

THERE is nothing so natural as a woman choosing to have a child at home.

And there is nothing so unnatural as a legal system that would make it difficult, and perhaps impossible, for that to happen safely.

The Ballarat Maternity Coalition insists that assisted home births will be virtually outlawed if the Federal Government goes ahead with a plan to make it mandatory for midwives in private practice to have professional indemnity insurance from midway through next year.

And, given that insurance companies are refusing to provide that protection, the BMC says it will put them out of business.

Now I have no great opinion about the merits of home birth versus hospital birth. I guess, if I were married, I'd want my wife in a bloody great hospital surrounded by dozens of professionals, and every possible drug you or she could imagine.

And in a perfect world I guess I'd be outside with my mates, a box of cigars and possibly some whisky to take the edge off the nerves, although I'm not sure if blokes get away with that stuff anymore.

However if someone decides they want a home birth, with help from a midwife, then good luck to them. That should be their right to choose, not some bureaucrat's from Canberra.

There are two aspects about this that need to be seriously looked at.

The first is, who the hell is anyone to make a decision that practically tells a woman where she should have a child, and with help from whom?

Women have been having home births (usually quite safely) for thousands of years before the term "indemnity insurance" was even invented.

But the bigger question is, what kind of a society do we live in where people can sue others for their own decisions and their own mistakes?

In the case of the maternity coalition, it comes down to the government saying midwifes must have insurance because, if something goes wrong at a home birth, the mother and/or father can sue.

And that's why insurance companies are loath to cover this kind of work. Because history says such insurance payouts are a litigation lawyer's ultimate fantasy.

Instead of addressing the real problem _ (a) that people make decisions and when it turns out badly they want to blame someone else, and (b) that some judges encourage that lack of responsibility by issuing ridiculous compensation payouts _ some egghead has decided to make the

most natural way to give birth a legal nightmare.

There is a simple answer, an answer that is so simple there must be something wrong with it that I can't work out.

How about we come up with a simple form that, if a person wants to have a home birth, or go bungee jumping, or play football, or ride a goat, they accept responsibility for that decision and waive the right to sue?

And make it a legally binding document. Want a home birth? Then simply sign. Don't want to sign? Then go to the public hospital with its government-backed indemnity insurance.

Either way, accept responsibility for the decision.

While the future of the midwives is a very important part of this (especially for them), the issue is far greater.

It's about our right to choose our own level of risk.

We should have the right to make whatever decision we want involving our own safety. And, to bastardise a phrase from American writer P.J O'Rourke, with it should come a responsibility to accept the consequences.

For those who don't want to accept the risk, fair enough. That's what insurance is all about.

But ultimately, many of the most wonderful and exciting things we can do _ driving a fine car on a winding road, walking through a forest, hurling abuse at Collingwood supporters, even falling in love _ involve risk.

Should we be forced to seek out indemnity insurance on all these things? I think not.

You know I'm right about this.

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Posted by Ian, 28/05/2009 2:18:46 AM
On this issue I can say you are "probably" right about this. The bigger issue is as you point out the personal responsiblity everyone must learn to accept when they make a decision and when it goes pear shaped not point the finger of blame. I have had 3 children and quite frankly was very glad to be in a hospital when I delivered even tho the Doctor didn't even make it in time for the 3rd baby and the midwife (who was awesome) delivered my baby with the help of a student nurse.... but it must be remembered that there is a still a statistic recorded every year for infant mortalities in Australia and I am sure there are many families who have had problem deliveries in a hospital and have thought thank God we have the health system we do in this country. I do believe in the right of families to choose where they birth their babies, but in this litigious world I can't see a reversal of this decision any time soon...besides think of the poor lawyers how would they make a living ??
Posted by joanne26, 28/05/2009 3:21:08 PM
You have absolutely no idea what you are talking about, as per usual. You claim to know home birth, the risks involved etc, when you have absolutely no research or involvement in the matter. I can't believe you could be so full of yourself, you think you know about home births. Some people need to be protected from themselves, that is why we have laws. You should remember that.
Posted by Angela, 28/05/2009 9:45:15 PM
Well said Gav. People do need to be given a choice and to be comfortable to accept responsibility for the consequences of their choice. Most women, given their choice, will be happy to have their baby in a hospital, surrounded by experienced staff, beeping machines and an operating theatre down the hall, just in case. Some women, however, either through poor experiences in the above situation (and there are many of those), or through plain old personal choice, would like the option of having their baby in their own environment, with the assistance of an experienced midwife. The problem is greater than whether or not the Midwife has indemnity insurance. It comes down to a culture of fear, and the misguided advice by many Medical professionals, that Midwives and women who choose Home Birth are putting themselves at unneccesary risk. It almost has to be done in secret, because of the judgemental and uninformed comments of Doctors and the public alike. In New Zealand and the Netherlands, not only are Midwives the primary carer in the majority of normal pregnancies, many babies are born at home (and some are even Water Births - shock horror). The mortality and morbitity rates are as low, if not lower, than the hospital births. Why? Because there is a respect of the skills of the Midwife. There is an public and Medical acceptance that some women choose to have their babies safely at home. This means that if a problem arises during a Home Birth labour, the Midwife and the woman can decide to move up to the hospital for further assessment. They are then cared for in a medicalised environment, but the woman remains under the care of her Midwife. The main issue here in Australia, is that because of the negative, often incorrect, backlash about Home Births, there is a cloak of secrecy that can be dangerous. Why would a Home Birth woman want to come up to hospital if problmes arise, when it means that her Midwife, with whom she has formed a trusting relationship throughout the course of her pregnancy, will not only be unable to care for her, but is often 'attacked' by the Medical staff for doing such a 'dangerous' thing. And this attitude also shown towards the woman. Thats where women and Midwives push the limits of common sense and try to stay at home for as long as possible; because they will be reprimanded for making their choice. Much of the research in circulation at the moment about the risks of Home Birth is very flawed in the rigour, method and randomisation of the study, and the actual facts that get somehow lost during the publication process. It is also all from the Medical profession. Midwifery research often shows different statistics. We need to change our way of thinking. We need to allow the well-ducation low-risk women of Australia, who have examined the risks and benefits of having their baby at home as opposed to in the hospital, to do what they want to do. They should be able to do this without persecution, especially from people who have no idea what they are talking about! The key here is to remember that having a baby is a normal process of life. It is not an illness or even a 'condition'. It is how we all got here, and being as there is over 6 billion people on this planet right now, I am guessing it is a pretty successful normal process. Yes, there are some women who must be in hospital, there is no doubt that obstetricians have saved many many women and babies. But these are the 'abnormal' situations. Most women are normal and healthy and should be given the support and education to make an informed choice about where and with whom they bring their children into this world. This doesn't even cover the thoughts and feelings of the Midwife. Not every Midwife wants to be stuck in the Hospital system where they work long hours for poor pay and have no job satisfaction. Under the current system, Midwives are leaving in droves, because the maternity system in Australia sucks (for want of a better word). Come on Canberra, stop the scare mongering and start looking at what women and Midwives are trying to tell you: We have the right to a better maternity system, we have the right to choose.
Posted by Shilo, 29/05/2009 6:56:19 AM
One of my daughters had both of her children at home with midwives present in two different Canadian cities. In both cases I watched those midwives with close scrutiny, not because I was concerned about the situation because in both cases my daughter had attended all of sessions the midwives offered thrughout the pregnancies. My observation in both deliveries convinced me that having a home delivery was the better choice than delivering in a hospital. Midwives are trained to NOT take chances with the lives of either the mother or child. In both cases they informed the EMS that they were on their way to a home delivery in the event their services would be needed. The EMS would be on alert and could arrive at the home within two minutes. There were no problems in either case other than a massive shoulder of the second born (one huge male child) getting caught on the pelvice. I watched as the midwife freed that shoulder, which took a bit of work I must say. A pre scan (the measurement of the unborn's thigh bone) indicated that the baby would be about 6.5lbs. What they didn't take into account was that the grandfather of this child has very short legs (I am 5'6" and he is shorter than me) but has a massive shoulder and chest measurement. So, after encouraging the shoulder to pull forward, baby pops out as content a baby I have ever seen! Nine solid lbs with a neck so strong he pulled his own head up from a drop position ON HIS OWN within two minutes of being born. Not a wimper out of him. Home birthed children are usually much more content than those born is a noisy, too brightly lit indifferent envirement, something that stays with them for the rest of their lives!
Posted by Mary Anne, 30/05/2009 7:57:09 PM
I disagree. The problem is that parents who chose home birth are happy until something goes wrong. Doesn't matter what agreement you put in front of them to sign, if something goes wrong they will claim that either the midwife wasn't as qualified or experienced as they were led to belive or that the action taken should have been different based on what another midwife/birth specialist would have done. A contract can always be argued away on negligent grounds. People look for some-one to blame when things do not go well. I had all my 5 children in a hospital, no bright lights etc, I think some people are out of touch with modern birthing units. The doctor was only called in at the latter stages with the midwife running the show before then. And personally I have no desire for my other children to be present when they do not understand the process, let them be kids a little time longer. I would, however, like to know what they would do if an emergency happened that required immediate surgery or the mother starts bleeding (Increased significantly 'International journal of Gyneacolgy and Obstetrics, vol 98'), or the placenta does not come away, or the mother suffers from HELLP which killed my sister in law, and fortunately because she was at hospital saved her baby, by emergency surgery. One of the issues is the number of women who have undergone fertility treatment, and/or are older, which has increased maternal risk. In reality the issue is really the ridiculous rise in C Sections (seen as a hospital-related birth) as opposed to a natural birth (which you have categorsied broadly as Home Birth). I actually sat next to a midwife on a flight a few years back, the reason for the rise in C Sections was, as she put it, that women didn't want to stretch their vagina. So, move over botox, ill-informed women have another elective surgery option. I find it frustrating that you would be espousing a return to primitive times, when medicine and hospitals provide us with a safer alternative to 'home births'. Once you claim home, you mean any home. Check the infant and maternal morbitity rates for indigenous Australian children, they are born 'at home' also. Me, I would never take the gamble, and my births were all easy, but maybe that's why they were!
Posted by meg, 31/05/2009 5:26:44 PM
Dear Meg, unfortunately you have it wrong re indigenous births, the vast majority of women are removed from their communities to give birth in larger centres. Their poor outcomes are much more complex. With primary midwifery care in pregnancy they would improve dramatically. In remote Canada local women demanded local birth (after also being removed four weeks before due date). During the removal policy they had a 30 per cent c/s rate, now they have a 3 per cent c/s rate and have actually reduced the number of babies dying. Maternity is primary health care for the vast majority of people. We are actually creating harm by using medical services when not warranted. We need to save them for when they are needed. Midwives are trained to detect and treat emergencies, including in the home. As for the law preventing women from homebirthing, that is also a fallacy. It is our Federal Health Minister, Nicola Roxon. She is too scared to give women their full rights (through funding midwives for homebirth and also providing indemnity insurance). Why? Because of the very powerful medical lobby. Law is actually on a woman's side, it clearly gives her the power to make informed consent. Medical power totally disregards this claiming to know better. Quite frankly this arrogance has led to a broken maternity system. Women do understand their bodies and must determine where and with whom they give birth.
Posted by Concerned, 4/06/2009 2:31:38 PM
Frankly, McGrath, what makes you think you have any qualification whatsoever to talk about home births? If you ask me, I believe you and Joanne 26 have a thing going on in this forum. Furthermore, I believe you are just wanting to show Joanne you have a feminine side and are out to impress her. Lastly, I believe it will be your shout come season end.
Posted by Kettles, 27/06/2009 9:12:11 PM
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