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Home Birth with Fatal Outcome: Vienna Midwife Does Not Accept Court Decision

Die Angeklagte hatte jegliches ihr unterstellte Fehlverhalten zurückgewiesen.
Die Angeklagte hatte jegliches ihr unterstellte Fehlverhalten zurückgewiesen. ©APA/HELMUT FOHRINGER (Symbolbild)
A Vienna midwife, who was convicted of grossly negligent homicide in connection with a home birth she attended at the Vienna Regional Court last week, does not accept this court decision.

She has filed an appeal against the conviction and the 15-month suspended prison sentence imposed on her, as the Regional Court informed upon APA request. This means the Vienna Higher Regional Court (OLG) must assess whether and to what extent the first-instance judgment will stand.

Accused Midwife in Vienna Denied Any Alleged Misconduct

The prosecution held the 42-year-old responsible for the death of a girl who died in a Vienna hospital five days after birth in September 2023. The accused allegedly neglected "the required duty of care" during a home birth, resulting in the baby's death, according to the indictment. The first court reached the same conclusion after conducting an evidentiary procedure and two expert reports incriminating the accused. The omission of a cardiotocography (CTG) for the expectant or birthing mother and the, according to the court, delayed transfer of the woman to a hospital after complications arose during the birth process were interpreted as breaches of duty fulfilling the offense of grossly negligent homicide.

The accused denied any alleged misconduct. Regarding her approach to the CTG issue, the midwife stated: "If I feel I need a CTG, the woman is not suitable for a home birth." She also denied reacting too late to the emergency situation: "Overall, the transfer (to the hospital, note) was swift."

(APA/Red)

This article has been automatically translated, read the original article here.

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