The requirement for all registered healthcare professionals to have professional indemnity insurance (PII) became government policy in 2005.
The Government says it will become law under section 60 of the 1999 Health Act, when the opportunity arises.
On February 20, 15-yearold cerebral palsy sufferer Ryan Garrigan was awarded £6.6m by the South Central Strategic Health Authority. He was starved of oxygen when he was born at the John Radcliffe hospital in Oxford.
The sum paid reflected the fact that he has a normal life expectancy, but will always require full-time care.
David Kenyon Vaughan, from Canterbury based PII firm Sennet, says other health workers such as dentists tend to get insurance through their professional bodies, but that because there is a relatively low number of independent midwives in Britain, this would be more difficult for them.