Vienna, 11 July 2026
In the proceedings against a Vienna midwife who was convicted in February 2025 of manslaughter by gross negligence, the Vienna Regional Court has commissioned a new expert opinion.
The midwife was sentenced by the Vienna Regional Court in February 2025 to 15 months of probationary imprisonment. The verdict is not final; the woman has filed an appeal. In the ongoing proceedings, a new expert has now been appointed to re-examine the medical questions surrounding the home birth.
Background of the Charges
The charges stem from the death of a girl who died in a Viennese hospital in September 2023, five days after birth. The Vienna Public Prosecutor's Office had held the 43-year-old midwife responsible. The criminal application stated that the accused had disregarded "the required duty to act" ("die gebotene Handlungspflicht") during a home birth and thereby caused the baby's death.
The mother of the girl had approached the midwife, who was already experienced with home births, in March 2023. During an earlier delivery by the woman in 2020, gestational diabetes had occurred, and there had also been problems in conjunction with the uterine structure and the placenta, which had made a Caesarean section necessary.
During the proceedings, the midwife also addressed her approach to CTG, i.e., the cardiotocographic monitoring of the unborn child. She said: "Wenn ich das Gefühl habe, ich brauch' ein CTG, ist die Frau nicht für eine Hausgeburt." She thereby intended to demonstrate that she had recognized the risks and managed the birth accordingly.
Statements by the Midwife
The midwife also denied having responded too late to the emergency situation. She said: "In Summe war die Verlegung (ins Spital, Anm.) zügig." The transfer of the mother to a hospital was carried out after complications had arisen. The girl died a few days later in the hospital.
With the newly commissioned expert opinion, the court is apparently responding to objections raised against the previous evidence. A new expert report can form the basis for assessing the question of whether the midwife breached her duty of care. The decision on the final legal force of the verdict therefore also depends on the results of the new expert assessment.
Open Questions and Next Steps
The Vienna Higher Regional Court is dealing with the case as the next instance. The development was reported, among others, by the Austria Presse Agentur (APA). The case also raises fundamental questions regarding the liability of midwives in home births and the role of medical expert assessment in criminal proceedings.
Observers point out that home births are fundamentally permitted in Austria, but are subject to certain conditions. These include a medical assessment of the pregnant woman's suitability and the presence of a qualified birth attendant. The specific case could revive the debate about these standards.
The midwife herself has not made any further public statements so far. Her defense team had already pointed to the woman's experience with home births and to an adequate response in the emergency situation during the initial trial. The new expert opinion is now intended to clarify whether this assessment can be medically substantiated.
Until the new expert opinion is available, the verdict from February 2025 formally remains in place, but is not legally final. Should the new expert report lead to a different assessment, this could have implications for the further proceedings and potentially for the final conviction.
The affected family has not made any public statement regarding the ongoing reporting. The death of the girl in September 2023 had also attracted attention at the time within Vienna's midwifery scene, as home births represent a growing but at the same time controversial practice in the city.