Independent midwives: working without professional indemnity insurance

Abstract

This paper highlights the issue of independent midwives practising without professional indemnity insurance. The paper explains the history of the provision, decline and now absence of insurance for midwives who practise independently. Despite the government's commitment to professional indemnity insurance cover for all health professionals working independently and not covered by the Clinical Negligence Scheme for Trusts, an exception has been made for independent midwives. The paper questions how the government can maintain its commitment to choices for maternity care yet permit midwives to care for pregnant women and attend at the birth of a baby without requiring insurance. There is no mandatory requirement to insure by the Nurses and Midwives Council (NMC). Without a mandatory requirement to insure the only advice given to midwives by the NMC is that they should inform their patients of the insurance position. The way in which information should be given is not stated and the practice is not consistent. Little information on the implications of lack of insurance is provided to parents considering retaining an independent midwife for the birth of their child. This situation leaves parents and children exposed to a situation where there is a clinical negligence claim no possibility of obtaining damages from an uninsured Defendant of limited personal means.