21 Mar The Right to Choose: Understanding Caesarean Sections on the NHS
In England and Wales, women have the right to decide how they give birth. While there is no absolute legal entitlement to a caesarean section on demand, healthcare professionals must discuss all available options, including both vaginal birth and caesarean sections. This includes providing a clear outline of the risks and benefits associated with each method. A decision can then be made once the individual has been fully informed and is able to give their consent.
This emphasis on informed decision-making ensures that women have autonomy over their birthing experience. Healthcare providers are expected to respect these choices, even when they differ from their own professional opinions, so long as the woman has received comprehensive information and appropriate support. If a request for a specific birth method is declined, the individual should be referred to another healthcare professional who is willing to consider their preference.
When Are Caesareans Recommended?
Caesarean sections may be planned as elective procedures, typically from the 39th week of pregnancy, or they may be carried out as emergency interventions when a vaginal birth presents a risk to the mother or baby.
A planned caesarean might be advised in cases where the baby is in the breech position and attempts to turn them have either been unsuccessful or declined. It may also be recommended if the mother has a condition such as placenta praevia, pre-eclampsia, or certain infections, including late-stage genital herpes or untreated HIV. Additionally, if the baby is showing signs of oxygen or nutrient deprivation, an elective caesarean could be the safest option.
In emergency situations, a caesarean may be necessary if labour is not progressing as expected, if there is significant vaginal bleeding, or if an immediate delivery is required to safeguard the baby’s wellbeing.
Why Are Caesareans Not Always Offered?
Some women choose to have a caesarean section even when there is no specific medical indication. A previous traumatic birth experience or concerns about complications due to personal or family medical history are just some of the reasons a woman may wish to avoid a vaginal delivery.
However, a caesarean is a major surgical procedure and, as such, carries risks, including infection and potential injury to internal organs. Not all birthing units are equipped to perform caesareans, as they require hospital facilities capable of handling any complications that might arise. Furthermore, caesareans place additional financial strain on the NHS, as they require the expertise of a consultant gynaecologist rather than a midwife, access to an operating theatre, the involvement of an anaesthetist, and a longer hospital stay compared to a vaginal birth.
Enable Law’s Experience with Birth Injury Cases
It is essential that women feel heard when discussing their options for childbirth. Enable Law frequently assists individuals who have felt pressured into a vaginal delivery when a caesarean would have been a reasonable alternative. Many women report that they were not given the opportunity to decline interventions such as forceps delivery and that they felt compelled to proceed as advised.
The use of forceps during delivery can significantly increase the risk of severe vaginal tears, including third- and fourth-degree tears, which affect the anal sphincter muscle and can lead to long-term consequences. While Enable Law acknowledges that emergency situations often require swift medical decisions, it remains imperative that women are fully informed of the risks and benefits of each option. Enable Law regularly supports clients who were denied the chance to make an informed choice regarding their delivery method.
How Enable Law Can Assist with Birth Injury Claims
If you or your baby have suffered harm because a medical professional failed to listen to your concerns or did not provide adequate information to allow you to make an informed decision about your birth plan, Enable Law can help. The specialist birth injury solicitors at Enable Law has extensive experience investigating and pursuing birth injury claims on behalf of mothers and children.
For a free and confidential discussion with a legal expert, get in touch with Enable Law today.
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Last Updated on March 21, 2025 by Marie Benz MD FAAD