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----- Original Message -----
From: "Marie O'Connor" <[EMAIL PROTECTED]> To: "Samuel Weinstein" <[EMAIL PROTECTED]> Cc: "Francoise Bardes" <[EMAIL PROTECTED]> Sent: Wednesday, August 15, 2001 7:23 PM Subject: Re: Urgent Midwiferey fabout to be banned > Hi Sam and Seydel > > I am copying this email to France where midwives also face insurance > problems. Hope you don't mind - it's time effective. > > I got a legal opinion from my legal advisor, Ann Kelly's lawyer, an expert > on midwifery matters, for you. Colm MacGeehin tells me: > > An insurance company cannot arbitrarily withdraw cover from home birth > midwives arbitrarily without substantiating their reasons for doing so. > > You (whoever) need to get a letter to them immediately asking them what > grounds they are relying on for their claim (a) that midwives are "too high risk" and (b) that there are "not enough premiums". > > Insurance companies can be compelled to provide cover. You need to put the matter to arbitration if possible - it's cheaper than going to court. Go to the Financial Institutions (or Insurance) Ombudsman. Part of his job is to > ensure fairness, and to end discrimination. > > You can anticipate what the insurer might say in reply on the subject of > "risk" to some extent. They will probably quote that dreadful Australian > study by Hilda Bastian on home birth. You need to out-expert them on this > one. Find some leading Australian sociologist who is prepared to do a public demolition job on it for you, and who will appear before an arbitration > panel if necessary. > > Demolishing the Bastian study is not difficult - it was deeply flawed in its methodology, which is why you need a sociologist, preferably with a good > background in quantitative research, to critique it properly. > > You will also need to find another leading midwifery > academic/analyst/researcher to amass the mounting evidence on the safety of home birth - to prove that it is as safe, or safer, than hospital birth. > This person should preferably be attached to some prestiguous institution > like a university if possible. A MIDIRS or other database search will be > needed. > > All of this will help to demolish the insurer's case when it goes to > arbitration. The better proofs you have, the better your chances of success. > > As for the argument on premiums, Colm says that midwives are professional > providers in maternity care, like obstetricians. The numbers of > obstetricians in Ireland, for example, is less than 100. Despite the huge > number of claims against them, they are still being covered. > > An insurance company cannot refuse to provide cover on the basis that the > numbers to be covered are too low. The insurers that insure the maternity > industry should also cover home birth midwives. Home birth midwives are > doing the same work as hospital midwives and hospital obstetricians in many respects. Why should obstetric insurers, or midwifery insurers, not also > cover the small number of midwives that work in the comunity, Colm asks. > > All workers have a right to be insured. What about deep-sea divers, to take one example of an unusual occupation (not without risk), in which the > numbers are small? They are insured by marine insurers. > > An insurer might possibly refuse life cover to a person smoking 60 > cigarettes a day, or indemnity to a person who had had a large number of > claims successfully brought against them. But not one claim has been taken > against a home birth midwife. This makes the insurer's case even more > unreasonable. There is no rational or reasonable basis, he says, for the > insurer's decision. It is discriminatory. > > He believes the Ombudsman, and ultimately the Australian Supreme Court, will uphold midwives' right to be insured. > > Can you email me the midwives' contact emails, especially Teresa's, Nicki's, Kathleen's and Denises' ASAP? I want to touch base with them before next > Sunday, as I'm going away for 2 weeks, and I'm doing some stuff on quality > assurance and would like their help. I left the Freemantle Midwifery Program Report in your house by mistake, and I really want to get another copy. . > Only by globalising will midwifery survive .... > > Please forward this email to midwives and activists directly. This problem is so acute it will take an awful lot of collective energy to move it > forward quickly. > > Good luck and stay in touch. > Marie > > > ----- Original Message ----- > From: "Samuel Weinstein" <[EMAIL PROTECTED]> > To: "Marie O'Connor" <[EMAIL PROTECTED]> > Sent: Wednesday, August 15, 2001 3:07 AM > Subject: Urgent Midwiferey fabout to be banned > > > Dearest Marie Im so glad you have emailed us.Everytime I have emailed you > it always comes back that no such adress was found and I have tried to send > messages and replyies to you many times.Hopefully this time your adress > will take. > Sydel and I and Sanche-Zev are well and the Centre grows. > More friendly stuff another time Now for something much more > serious. > You are of course familiar with our headway here we have a community > midwife program that is fully funded and covers the whole community.We > birthing rights at several hospitals and the Birth Centre and we have > private midwives for those wanting to stay outside the boundaries of our > community program. Our stats are great and we have never had a lawsuit. > Marie this may all end at the end of August unless an answer is found. > The guild insurance company that covers all of our midwives has canceled > there insurance with the reason given they are too high risk and not enough > premiums.They have not been able to find any other company to cover them. > the Govt may step in to cover those on the program but hey will then define > the guidlines and this does nothing to help the independent midwives who > work outside of the program.We are all working night and day to find a > solution but so far none has come and the deadline is very close.It is > rumored the Obs are behind it by pressuing the insurance company to do > this. we will lose the program,hospital birthing rights and the rights of > women to choose to birht at home and we fear tragedy with some couples > trying to go on there own.We need advice-- a big probono solicitor -- and > insurance companies that are midwife friendly. We also need to know what > others are doing at this level. > We hope you can help. We may even need lots of famous names to come out and > rally for us or make this world news and get it on the international news > so they feel more pressure here. > Sam Weinstein Sydel Weinstein > Directors > Family Nurturing Centre (& Transformational Yoga Institute) > "It takes a whole village to raise a child" > * Editor in Chief: GLOBAL PARENT - Australia's first natural parenting > magazine with an international perspective through community example > * Natural Birthing and a focus on CONSCIOUS PARENTING > * Long Term Breastfeeding Advocacy and Support > * Family Nurturing Centre - PO Box 125, Cottelsoe, Western Australia 6011 > * Telephone: 61-8-9383 2229 > * Natural Parenting HELPLINE (08) 9482 4154 > E-Mail: [EMAIL PROTECTED] > > > Philomena Canning, RN, RM, MSc.
Community Midwife European Institute of Midwifery 86 Loreto Avenue Rathfarnham Dublin 14 Ireland Tel. +353-1-4951902 Mobile 087-2900017 E-mail [EMAIL PROTECTED] Website www.homebirthmidwife.ie |
