Although formal hearings are open to the public, I have not identified the midwife or the witnesses who spoke for the Board or in the midwife's defense. The name of the person who made the notifications (complaints) is suppressed by law, and the names of the women who received care from the midwife, leading to the complaints are also not allowed to be published.
In his opening address the lawyer acting for the Board ( Nursing and Midwifery Board of Australia ) commented that this case will probably come down to 'dueling experts'. The second time he used that phrase it sounded more like 'drooling experts'! Whether it was intended as a joke or not, it's difficult to see the funny side when a colleague is having to undergo such grueling questions about births that took place more than 6 years ago.
There were two experts called to answer the questions put to them by the two lawyers. Both experts are Professors of midwifery: highly respected women who have impressive academic credentials. The arguments become polarised between risk and the woman's choice.
Expert 1 told the panel hearing the case that the risk of a twin birth, or a postmature birth, was too great to be managed in the woman's home by midwives. 'Risk' and 'safety' appeared to be synonymous.
Expert 2 told the panel that safety can only be achieved when the woman's right to choose is upheld and supported - even if the woman is giving birth to twins, or the pregnancy is postmature.
Have you ever listened to dueling banjos? Take a moment to listen to this one from Youtube, played by John O'Connell with James Meall.
That's the image that came to me when the barrister said we faced dueling experts.
They start out slowly, deliberately.
One makes a statement.
The second answers.
Another statement, slightly more complicated.
And it continues until they are in full swing, and I think one or both must surely be lost. I do not understand how one or the other 'wins' the duel - I think banjo players must have some rules about that.
And so it is for midwives.
Is a midwife *allowed* to agree to homebirth when one or more risk factors have been identified?
Is a woman *allowed* to plan homebirth when one or more risk factors have been identified?
This is the question, ultimately, that this panel are required to answer. The NMBA has a two-fold statutory role, to protect the public and to guide the profession. The protection of the public, in this case, is about putting limits on midwives, and thereby putting limits on the women who engage our professional services. The guidance of the profession is, in this case, about attempting to define the boundaries of a midwife's practice.
I have come away from this episode of dueling experts without any solution.
I agree with the second expert, who strongly asserted that safety can only be achieved when a mother's right to informed decision making is protected and upheld.
Yet I know well that midwives will continue to be challenged if they agree to operate 'on the fringe'.