The little girl would have been almost one and a half years old by now. But the girl from Vienna died in hospital five days after the home birth on October 4, 2023.

In March 2023, the pregnant woman had contacted midwife Margarete W. for the first time and talked to her about a home birth for her second child, a girl. The mother-to-be had previously looked for a midwife who would support the birth in hospital, but had not found one.

Caesarean section was necessary for first child
"Did you know that the hospital advised the pregnant woman not to have a home birth?" asks Judge Martin Kampitsch at the beginning of the questioning of Ms. W. "Yes, I knew that," replies the 42-year-old. Postscript: "But hospitals almost always advise against home births. And according to the Midwives Act, it's not explicitly forbidden even after a caesarean section." The reason for the hospital's urgent advice in this case was that the woman had needed a caesarean section and a curettage for the birth of her first child. The woman's first-born son's heartbeat had dropped at birth, necessitating an emergency caesarean section. The doctors had therefore recommended a planned caesarean section for the second child.

The Vienna public prosecutor's office accuses the midwife of grossly negligent homicide, also because, according to the expert witness, she did not act "lege artis" during the home birth. Especially as, according to the prosecution, the birth had stopped around midday. However, the midwife only had the pregnant woman transferred to the Donaustadt clinic at around 1:45 p.m. when the baby's heartbeat became abnormal. According to the expert witness, 11:30 a.m. would have been the appropriate time.

Lack of oxygen as the cause of death
The baby died as a result of a lack of oxygen, apparently caused by placental underdevelopment. This had not been recognized by the treating gynaecologists prior to the birth. Gestational diabetes was also an issue. The expectant mother had refused an oral glucose tolerance test.

Many colleagues came to support her
"I'm also surprised that the amniotic fluid was clear and the heart sounds were normal for a long time," said Ms. W. during the trial. Room 303 in Vienna's Landl district is filled to capacity - many professional colleagues came to support the midwife during the trial. However, they can only hear a little, as the constant construction noise is massively disrupting the trial.

"Guidelines unanimously recommend that a maternity clinic should be chosen for births by caesarean section. Where interventions can take place quickly," says the expert, who would also have considered CTG monitoring to be necessary in order to detect a lack of oxygen. "Guidelines are not laws," justifies the midwife, who pleads "not guilty". She had already appeared proactively in the media before the trial.

Mother does not blame the defendant
"I wanted to be able to experience a birth at my own pace. Also because of the experiences after the first birth," said the mother of the dead child as a witness. She does not reproach the midwife and distributed a personal letter to the media representatives present in the courtroom. However, the German answered the question "If Ms. W. had recommended that you give birth in hospital, would you have done so?" with "Yes".

Key moment in the trial: According to expert witness Barbara Maier, head of gynecology at the Ottakring Clinic for many years, it was "very likely" that the child would have lived if the birth had taken place in hospital. This is also supported by another expert witness, university professor Horst Steiner: "I am convinced that the child could have been saved."

"The pregnant woman trusted that Ms. W. would make the right decisions for herself and her child," said the public prosecutor in his closing statement. Mr. Rat sentenced the woman to 15 months' conditional imprisonment, with a probationary period of three years. Not legally binding. The child's mother bursts into tears as the verdict is announced. As do some of the convicted woman's professional colleagues.

This article has been automatically translated,
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