A mother whose daughter was left with a paralysed arm following complications at birth has been told legal action would be pointless because her midwife wasn't insured.

Victoria Anderson is now fighting to make it compulsory for all independent midwives to have cover.

Mrs Anderson's daughter Daisy has permanent damage to her right arm after things went wrong when she was born at home in September 2004.

The youngster has had two major operations and is able to use her fingers and hand but she cannot lift her arm up or bend it.

Mrs Anderson, of Fryern Road, Storrington, contacted legal firm Tozers to investigate whether there were grounds for a legal claim against the midwife.

She was told her claim could be worth £300,000 if it succeeded but it was dropped because of a lack of insurance.

She said: “We decided on an independent midwife because we lived so far from hospital and I wanted more continuity of care.

“We found an experienced midwife we liked and so we paid her £3,000.

“However at the birth things suddenly went wrong.

“Daisy's head was out but her shoulder was stuck and the midwife had to cut me open to get her out.

“Daisy's arm and shoulder got damaged in the process and we both ended up needing plastic surgery.

“We're grateful that Daisy survived but she is never going to be 100%.

"I had developed diabetes while pregnant and Daisy was a very big baby “If I had known about this I would have gone to hospital instead.

“I know it wouldn't make up for her arm but I just wish I had something to give Daisy when she's older."

Mrs Anderson, 39, who is married to Matt, 41, a graphic designer, also has two older daughters Morgan, 13 and Cerys, 11, and a younger daughter Nancy, three.

Prior to 1993, all midwives had insurance cover provided by the Royal College of Midwives, but this ended when the scheme was withdrawn.

The Nursing and Midwifery Council (NMC) took the decision in 2002 to recommend rather than require indemnity but says midwives must inform prospective clients of what lack of liability insurance might mean.

A spokesman said: "We do not have the legal power to impose indemnity insurance on nurses and midwives.

“It is extremely difficult to obtain indemnity insurance on the open market.

“Imposing such a requirement could place an unreasonable expectation on nurses and midwives because they may not be able to find the insurance.

“For these reasons we have reinforced the need for them to be honest with their clients about this situation."

The midwife involved in Daisy's birth faces a NMC is to face a disciplinary hearing next month.