Judge rules home birth is a choice

Angela Hock - Verdict

My commentary at the end (Paul Golden)

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This case chose to have a hearing by a single judge rather than a jury.? The defence decided this to avoid overly emotional reactions from non-legally trained people.

Transcript

The Judge in the Court of Nebraska.

The attorneys presented their cases very well.? Thank you.

Angela Hock’s actions were likely unlawful by her acting as a lay Midwife in the home delivery of the … baby.? On the Nebraska law, her actions could be seen as the unlawful practice of medicine under the uniform credentialing act and in violation of the certified nurse Midwifery Practice Act.? Any violation of these acts would be a Class III misdemeanour for a first offence.? Further, any person engaging in the practice of any profession or business without the appropriate credentials may be restrained by temporary and permanent injunctions and finally practice of such profession or operation of such of such Business without a credential after receiving a cease and desist order from the director of the of the Department of Health and Human Services, as a Class III felony.

Angel Hock however is charged with negligent child abuse resulting in death a class 2A felony on a Nebraska revised stats section 28-707.??

Also, the court notes that the parents, in this case, have certain constitutional rights involving their medical choices for home delivery of their baby although the court recognizes that the parents' choices are not absolute.? This court expresses no opinion on whether home births, in general, are wise or prudent.? This is an issue for the percept for the prospective parents and the Nebraska legislature.? Further, this case is not a civil case where the plaintiff has alleged that Angela Hock acted negligently.? This is a criminal case where the state has charged Angela Hawk with criminal negligent child abuse resulting in the heart-rending death of baby Vera.??

There is a vast difference between civil negligence and criminal negligence.? While it is true that Angela Hock is not a licensed Midwife she does have education training and experience in

Childbirth and in the facts of this case the elements which the state must prove by evidence ‘Beyond A Reasonable Doubt’ in order to convict the defendant Angela Hock of negligent child abuse resulting in death are?

1. that the defendant did cause or to permit Vera to be placed in?
2. a situation that endangered her safety or?
3. physical health or?
4. be deprived of necessary care and?
5. that the defendant did so negligently and?
6. that the defendant's conduct in doing so proximately caused the death to Vera and
7. that the defendant did so on or by June 14th through June 15 2019 in Douglas County Nebraska and?
8. that at said time Vera was a minor child?

Angela Hock first argues that the state has failed to prove ‘Beyond a Reasonable Doubt’

that she was criminally negligent pursuant to Nebraska's revised stat Section 28-707 in section 9 negligently refers to criminal negligence and means that Angela Hawk knew or should have known of the danger involved and acted recklessly with respect to the safety or physical health or necessary care of Vera recklessly means disregarding a substantial and unjustifiable risk that Vera's safety or hair or health or necessary care would be endangered in circumstances in which disregarding this risk was a gross deviation from what a reasonable law law-abiding person would have done?

What makes this case very troubling for the court is to try to separate the rights of the parents to choose a home birth with the criminal charge against Angela Hawk. ?

The family knew beforehand what Angela Hawk was all about and they chose home birth in fact the family rehired her after they tried a home delivery with the first child approximately one and a half years earlier. At no time did Angela Hawk misrepresent herself.? Once baby Vera was determined to be in a breech position Angela Hawk gave the parents the option of going to the hospital.? It is unclear from this record whether Angela Hock knew there was a prolapsed cord

although Angela Hawk did not provide the parents with all the risks associated with the breech baby it was the parents' choice and they chose to continue with the birth at home some 30 minutes or so later [the mother] started to deliver Vera.? What happened next was tragic?

but everyone involved in this case from the parents the midwife Angela Hock the doula (Mickey) the firefighters and paramedics and the doctors and the nurses at the hospital acted to the best of their abilities to save Vera in applying the elements outline above to the case before the court. I cannot find that the state has proven Beyond a Reasonable Doubt that Angela Hawk acted criminally, that is negligently caused or permitted the minor child Vera to be placed in a situation that endangered her safety or physical health or deprived her of necessary care.

The court finds Angela Hock not guilty because the court has found that Angela Hawk's actions were not criminally negligent the court will not address the other issues raised by her.? it is therefore ordered that the defendant Angela Hock is found to be not guilty?

I will file this verdict with full citations momentarily.? The parties are excused.? Thank you.

End of judgement

Commentary

1. This essentially upholds the rights of parents to choose how where and with whom to birth.??

1. This includes birth at home (outside of a hospital) in physiological ways and with whomever they choose.

1. This is in contrast with the threats often given to parents by hospital staff and even by social workers who have been known to threaten that a baby can not only die but if they survive and refuse medical treatment they can have the baby taken into ‘care’ by the State.

1. There are secondary arguments about the training and licensing of birth attendants, especially for midwives.? If they are registered they may not be ‘allowed’ to attend home births in various situations ruled out by the regulator or others.??

1. Those situations in some places include?
2. breech,?
3. twins,?
4. vaginal birth after cesarean (vbac),?
5. babies thought to be less than 37 or over 42 weeks?
6. etc.

1. Surprise twins or surprise breech can and do happen and when at home this has resulted in the loss of a midwives’ licence.? (South Australian Case circa 2020)

1. Breech birth where parents were advised to go to a birth centre but chose to birth in a hotel with an experienced midwife resulted in death and the midwife was jailed (Berlin circa 2010).

1. Twin and breech births with deregistered midwife resulted in 5-year criminal case that was finally finished in favour of the parents and birth attendant (Lisa Barret, Australia)

More to come on this case with opening, closing arguments and cross-examination of an obstetrician, who made the mandatory referral to the police when the home birth midwife transferred to the closest hospital with the ambulance teams.

Comments and questions are welcome

Paul Golden?

Midwife / Lecturer / Legal Adviser

Human Rights Actions in Childbirth

[email protected]?