Why home birth death case was struck out

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A magistrate has explained why after more than a decade the case against two midwives charged over the death of a Melbourne mum is over.

Caroline Lovell gave birth to her healthy daughter in an inflatable pool in the loungeroom of her Watsonia home in January 2012. An hour later her condition rapidly worsened and she told her husband: “I’m dying.”Two midwives – Gaye Demanuele and Melody Bourne – were charged with negligent manslaughter in August 2020 over the death of the 36-year-old mum.

He struck out the manslaughter charges because he found there was insufficient evidence for the pair to go to trial, and there was a possibility Ms Lovell died as a result of a complication they could not have diagnosed.Both midwives were accused of negligently failing to provide adequate care to the mum, but both proclaimed their innocence and argued Ms Lovell’s death was unforeseeable.

During the committal proceeding the court was told the midwives did not check Ms Lovell’s blood pressure or give her oxygen when she became light-headed and agitated. During the hearing in October, intensive care specialist John Cade told the court that he believed the amniotic fluid embolism contributed to Ms Lovell’s death but said it was difficult to spot and without access to immediate emergency could lead to a dangerous situation.

 

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