Dispute concerning birth without doctor’s assistance is back at square one. A Prague City Court ruled that both the City Hall and the Health Ministry have to reconsider the licence application filed by the birth house U čápa. The clinic wants to offer women a pleasant environment and individual care during birth. The clinic mainly relies on the services of midwives.
“We have applied for the licence for birth assistance with City Hall already in 2005,” said Zuzana Štromerová, head of the clinic. The application was rejected by the administration based on the expert report. The clinic appealed to the Health Ministry, which, however, confirmed City Hall’s decision.
“The court ruled that City Hall and the ministry cannot determine the rules for their decision-making as it suits them,” said Petr Kulawiak, the city court’s spokesman. “It can only be decided based on legislation, not on an expert report.”
The court also disapproved of the fact that the rejection lacked a description of the requirements necessary for approval of a birth house. “Such a decision cannot be examined,” said Kulawiak.
The Health Ministry plans to appeal the court ruling. “We are determined to file a cassation complaint ,” said spokesman Vladimír Sršeň. The complaint, however, does not have a suspensory effect.
The ministry’s main objection to the U čápa birth house is insufficient access to a doctor. “We are primarily concerned with the health and the safety of mothers and babies,” said Sršeň. “Something unexpected can happen during every birth and access to the doctor within minutes or seconds can be a key factor.”
The birth house has been applying the same criteria for the reception of patients as in the case of home births, its director said. “Since we do not have any teams of doctors, the women that can use home care are selected very carefully and can only use these services if they have an uncomplicated pregnancy,” Štromerová said. She says the verdict promises hope for the future: “I hope that the court’s decision will improve dialogue between doctors and patients.”
The birth house will not be able to deliver babies even after the Thursday ruling, and it has to wait for another evaluation of its request. It has been making money mainly from providing midwife services, midwife training and courses for pregnant women. Even so, six child deliveries have taken place on the clinic since 2005. “The last two women rented a room and delivered their babies there. It functioned as a home environment for them,” Štromerová said.
Doctors do not recommend home births. “Birth houses represent a possibility, but their activities should be regulated by the law,” said Pavel Ventruba, head of gynaecology and maternity clinic of the Faculty Hospital in Brno. “A doctor is still responsible for child birth,” he said.
