Home birth disciplinary action

Health Care Complaints Commission v MacGregor [2016] NSWCATOD 86 concerned a midwife who was no longer registered by the time of the proceedings, but which saw the Tribunal indicate that her registration would have been cancelled an order that she be disqualified from applying to be re-registered as a midwife or nurse for 3 years.

The decision included reference to a patient with  a past obstetric history of two pregnancies with two births. Both pregnancies required Caesarean sections in hospital due to a failure to induce labour at 41 weeks of gestation. In the light of this history there were real and substantial questions as to the safety of Patient A having a home birth: [3].  The patient’s child had died by the time of presentation to a hospital: [4].

The former midwife admitted all the factual components detailed in the particulars forming the complaint, which are set out in the decision (including reference to various expert evidence criticisms including reference to ultrasound findings and due date calculations). In addition she admitted that her conduct amounted to unsatisfactory professional conduct and professional misconduct.



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