Birth Trauma Awareness Week is an annual event run by the Birth Trauma Association (BTA), which aims to raise awareness about birth trauma and provide support for those affected. This year, it runs from 15-21 July 2024.
The theme this year is Informed Consent. Here’s what you need to know:
Informed Consent
Informed consent is a core principle of medical care, it is the process in which a health care provider educates a patient about the risks, benefits and alternatives of a given procedure or intervention, to enable them to make a decision about their clinical management.
The Supreme Court ruling in the case, Montgomery -v- Lanarkshire Health Board (2015), made it clear that any medical intervention must be based on a shared decision-making process, ensuring the patient is aware of all options and supported to make an informed choice by their healthcare professional.
In 1999, Mrs Montgomery was pregnant with her first child, Sam. She has type 1 diabetes and is of short stature. She was concerned during her pregnancy that the size of her baby might lead to difficulties with a vaginal delivery. She expressed general concerns throughout her antenatal care.
Diabetic mothers often have larger babies, which can increase the risk of shoulder dystocia. Shoulder dystocia is when the baby’s head has been born but one of the shoulders becomes stuck behind the mother’s pubic bone, delaying the birth of the baby’s body. If this happens, it is considered a medical emergency.
The treating Clinician failed to inform Mrs Montgomery about the risk of shoulder dystocia and the risk of an associated catastrophic injury which could arise from it. She was not educated about the different modes of delivery or given the option to deliver by elective caesarean section.
She delivered her son vaginally and shoulder dystocia occurred, there was a twelve-minute delay between the delivery of his head and his shoulders. Over this time, the blood flow through the umbilical cord was compromised and Sam suffered a significant hypoxic injury which resulted in brain damage and cerebral palsy.
As the consultant had not discussed the risk of shoulder dystocia, the potential significant consequences of it occurring and the alternative option of a Caesarean section, it was alleged that Mrs Montgomery was not able to make a fully informed decision without full information on all the options. Mrs Montgomery was successful proving negligence.
The Montgomery ruling transformed informed consent, emphasising patient-centred care and transparency in medical decision making. It made it clear that patient consent must be informed.
“The law on consent has progressed from doctor focused to patient focused. The practice of medicine has moved significantly away from the idea of the paternalistic doctor who tells their patient what to do, even if this was thought to be in the patient’s best interests. A patient is autonomous and should be supported to make decisions about their own health and to take ownership of the fact that sometimes success is uncertain and complications can occur despite the best treatment.”
Following this case, if a healthcare professional does not provide a patient with information and support them to make decisions in respect of their treatment and care, they may be liable for negligence.
Informed consent is important in all areas of medicine but particularly in maternity care, where a patient may feel at their most vulnerable.
Advice and Support
If you have experienced birth trauma you may be entitled to make a claim for compensation.
The Clinical Negligence team at Ison Harrison frequently receive enquiries from woman who feel isolated, traumatised, or embarrassed by their birth experience and the lasting impact.
Our team will listen to your story and deal with your enquiry in a sensitive manner. If we believe that there are sufficient prospects to pursue a claim, we will guide you through the process and ensure that you get the compensation you deserve to enable you to obtain support and assistance when you need it the most.
To find out if you could make a claim, contact the Clinical Negligence team at Ison Harrison for a free, no obligation consultation.
Resources
The Birth Trauma Association charity are founded and run by women who have experienced birth trauma, and they work to support parents and families.
Birthrights is a UK charity that champions respectful maternity care by protecting human rights. They provide advice and legal information to women and birthing people, train healthcare professionals to deliver rights-respecting care and campaign to change maternity policy and systems.
