Court conditionally ends case against midwives after newborn’s death

A court in Mühldorf am Inn has provisionally discontinued proceedings against two midwives over the death of a newborn during a home birth, subject to conditions, BR reported. The midwives had been charged with negligent manslaughter but were not convicted.

The court said it could not establish that mistakes by the midwives during the birth had caused the baby’s death. Prosecutors had alleged they used unsuitable methods to monitor the mother and child. According to a court spokeswoman, the one clear criticism was that the birth should not have taken place at home.

The lead midwife must pay 10,000 euros, half to the state treasury and half to a children’s cancer charity, and complete 15 hours of training on fetal heart monitoring and recognising and treating emergencies. The second midwife, who arrived during the birth and did not know the previous circumstances, must pay 2,000 euros. The case will be closed once both have met the conditions.

The birth took place in Taufkirchen in April 2021. The 41-year-old mother had been examined at Altötting District Hospital, where doctors found the unborn baby was relatively small and recommended hospital monitoring. They also strongly advised against a home birth, according to evidence presented at the trial.

The baby was stillborn. Resuscitation attempts, including those by emergency doctors, were unsuccessful. An autopsy found that the newborn had suffocated and had been capable of surviving. The court spokeswoman said the experts could not establish a direct link between the death and any possible treatment errors by the midwives.