In an unprecedented court judgment an Australian woman has been awarded hundreds of thousands of dollars compensation after being pressured into a vaginal examination during labour — a ruling that will rock the maternity system.
The Supreme Court of Victoria on Friday accepted the plaintiff’s claim of assault and battery as she did not consent to the vaginal exam.
Leading obstetricians say the ruling will send “shivers down the spines of anyone who works in the maternity sector” and make young doctors too scared to take on an obstetric specialty.
The mother was awarded $275,000 as it was ruled that Bendigo Health breached its standard of care by failing to obtain true informed consent and was negligent in its “dual messaging” during the antenatal period.
The court was told that the woman was repeatedly reassured that her written birth plan to avoid vaginal examinations without urgent medical necessity was “achievable” and the defendant negligently failed to warn her of the risk that hospital policies might still require the examination out of hours without an urgent medical reason.
The court records detail how hospital staff allegedly withheld admission, pain relief and the midwife until the woman submitted to the examination to prove she was in active labour.
National body the Maternity Consumer Network told The Courier-Mail that the judgment sends a clear message into all birthing wards across the country.
“If women continue to be subject to vaginal exams or any other procedure under coercion, the law has recognised it is battery and assault and negligence,” the network’s Alecia Staines said.
“It happens far too frequently and if it, continues health services should expect an influx of litigation. Every maternity staff and service needs to understand that not only does no mean no, using strong arm tactics to get a yes does not equal consent in the eyes of the law,” she said.
Private obstetrician Gino Pecoraro said that Bendigo Health would likely appeal the decision.
Source: Bendigo Health ordered to pay $275k for birth exam assault ruling | The Courier Mail